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LIBRARY OF CONGRESS. 



J [SMITHSONIAN DEPOSIT.] J 



"t UNITED STATES OF AMERICA i 



34th Congress, > SENATE. < Ex. Doc. 

1st Session. \ / No. 35. 



MESSAGES OF THE PRESIDENT. 



MESSAGE 



PRESIDENT OF THE UNITED STATES. 



IN COMPLIANCE WITH 



A RESOLUTION OF THE SENATE OF THE 25th INST., CALLING FOR CORRES- 
PONDENCE BETWEEN THE GOVERNMENTS OF THE UNITED STATES AND 
GREAT BRITAIN, RELATIVE TO THE ENLISTMENT OF SOLDIERS 
BY THE AGENTS OF THE LATTER GOVERNMENT, WITHIN 
THE TERRITORY OF THE UNITED STATES ; 



MESSAGE 



PRESIDENT OF THE UNITED STATES, 

IN COMPLIANCE TVITH 

A RESOLUTION OF THE SENATE OF THE 28Tn INST., CALLING FOR INFORMATION 

RELATIVE TO ANY PROPOSITION SUBMITTED TO THE UNITED STATES 

GOVERNMENT BY THAT OF GREA.T BRITAIN. TO REFER THE 

DIFFERENCE BETWEEN THE TWO GOVERNMENTS AS 

TO THE CONSTRUCTION OF THE TREATY OF 

JULY 4, 1850, TO ARBITRATION. 

Ordered to be printed together; and that 10,000 additional copies be printed, of which 1,000 
to be for the use of the Department of State. 



WASHINGTON: 

A. O. P. NICUOLSON, SENATE PKINTEE. 

1856. 



34Tn Congress, ) SENATE. ( Ex. Doc. 

1st Session. \ i No. 35. 



MESSAGE 



PRESIDENT OF THE UNITED STATES, 

IN COMPLIANCE WITH 

A resolution of the Senate of the 2ath instant, calling for corresi^ondence 
hetiveen the governments of the United States and Great Britain^ rela- 
tive to the enlistment of soldiers by the agents of the latter government 
within the tei-ritory of the United States. 



February 28, 1856. — Read, and ordered to be printed ; and that 10,000 additional copies be 
printed, 1,000 of which shall be for the use of the State Department. 



To the Senate of the United States : 

In answer to the resolution of the Senate of the 25th instant, I 
transmit reports from the Secretary of State and the Attorney Gene- 
ral, to whom the resolution was referred. 

FRANKLIN PIERCE. 

Washington, February 27, 185 G. 



To the Py-esident of the United States : 

The Secretary of State, to whom was referred the resolution of the 
Senate of the 25th instant, requesting the President, if not incompati- 
ble with the x)u])lic interest^ to communicate to that body ''the corre- 
spondence which has taken place between this government and that of 
Great Britain, in regard to the enlistment of soldiers within the 
United States by the agents and officers of the latter, for the British 
army, accompanied by such evidence and documents as the President 
may deem proper to show the connexion of these agents and officers 
"with the alleged violation of our laws and sovereign rights," has the 
bonor to lay before the President the papers mentioned in the subjoined 
list. 

All of which is respectfully submitted. 

W. L. MARCY. 

Department of Siate, 

Washington, February 27, 1856. 



6 BRITISH RECRUITMENT 

this rule by the British and French governments, together with 
the practical observance of it in the present war, would cause it to be 
henceforth recognised throughout the civilized world as a general 
princii)le of international law. This government, from its very com- 
mencement, has labored for its recognition as a neutral right. It 
has incorporated it in many of its treaties with foreign powers. 
France, Russia, Prussia, and other nations, have, in various ways, 
fully concurred with the United States in regarding it as a sound and 
salutary principle, in all respects proper to be incorporated into the 
law of nations. 

The same consideration which has induced her Britannic Majesty, 
in concurrence with the Emperor of the French, to present it as a 
concession in the present war, the desire "to preserve the commerce 
of neutrals from all unnecessary obstruction," will, it is presumed, 
have equal weight with the belligerents in any future war, and 
satisfy them that the claims of the principal maritime powers, while 
neutral, to have it recognised as a rule of international law, are well 
founded, and should be no longer contested. 

To settle the principle that free ships make free goods, except arti- 
cles contraband of war, and to prevent it from being called again in 
question from any quarter or under any circumstances, the United 
States are desirous to unite with other powers in a declaration that it 
shall be observed by each, hereafter, as a rule of international law. 

The exemption of the property of neutrals, not contraband, from 
seizure and confiscation when laden on board an enemy's vessel, is a 
right now generally recognised by the law of nations. The President 
is pleased to perceive, from the declaration of her Britannic Majesty, 
that the course to be pursued by her cruisers will not bring it into 
question in the present war. 

The undersigned is directed by the President to state to her Majes- 
ty's minister to this government that the United States, while claim- 
ing the full enjoyment of their rights as a neutral power, will observe 
the strictest neutrality towards each and all the belligerents. The 
laws of this country impose severe restrictions not only upon its own 
citizens, but upon all persons who may be residents within any of the 
territories of the United States, against equipping privateers, receiv- 
ing commissions, or enlisting men tlierein, for the purpose of taking 
a part in any foreign war. It is not apprehended that there will be 
any attempt to violate the laws ; but should the just exi)ectation of 
the President be disappointed, he will not fail in his duty to use all 
the power with which he is invested to enforce obedience to them. 
Considerations of interest and the obligations of duty alike give as- 
surance that the citizens of the United States will in no way com- 
promit the neutrality of their country by participating in the contest 
in which the principal powers of Europe are now unhappily engaged. 

The undersigned avails himself of this opportunity to renew to Mr. 
Crampton the assurance of his distinguished consideration. 

W. L. MARCY. 

John F. Crampton, Esq., dc, dc. 

[Same, mutatis mutandis, to the Count de Sartiges.] 



IN THE UNITED STATES. 7 

Lord Clarendon to 3Ir. Crampton. 

[Delivered to Mr. Marcy in the course of the month of May, 1855.] 

Foreign Office, April 12, 1855. 

Sir : I entirely approve of your proceedings, as reported in your 
despatch No. 5*7, of the 12th ult,, luith respect to the proposed enlist- 
ment in the Queen's service of foreigners and British subjects in the 
United States. 

The instructions which I addressed to you upon this suhject, and 
those which were sent to the governor of Nova Scotia, were founded 
upon the reports from various quarters that reached her Majesty's 
government of the desire felt by many British subjects as well as G-er- 
mans in the United States to enter the Queen's service for the purpose 
of taking part in the war in the East ; but the law of the United 
States with respect to enlistment, however conducted, is not only very 
just but very stringent, according to the report which is enclosed in 
your despatch, and her Majesty's government would on no account 
run any risk of infringing this law of the United States. 

CLARENDON. 

J. F. Crampton, Esq., dc, &c., dc. 



3Ir. Marcy to Mr. Buchanan. . 

[No. 91.] Department of State, 

Washington, June 9, 1855. 

Sir : Some time since, it became known that a plan was on foot to 
enlist soldiers within the limits of the United States to serve in the 
British army, and that rendezvous for that purpose had been actually 
opened in some of our principal cities. Besides being a disregard of 
our sovereign rights as an independent nation, the procedure was a 
clear and manifest infringement of our laws,, enacted for the express 
purpose of maintaining our neutral relations with other powers. It 
was not reasonable to suspect that this scheme was in any way coun- 
tenanced by the British government, or any of its subordinate au- 
thorities resident within the United States or in the British North 
American provinces ; but a further examination into the matter has 
disclosed the fact that it has had not only the countenance, but the 
active support of some of these authorities, and, to some extent, the 
sanction of the British government. 

When intimations were thrown out that the British consuls in this 
country were aiding and encouraging this scheme of enlistment within 
our limits, Mr. Crampton, her Britannic Majesty's minister to this 
government, showed me the copy of a letter, which he had addressed 
to one of them, disapproving of the proceeding, and discountenancing 
it as a violation of our laws. After this act on the part of the British 
minister, it was confidently believed that this scheme, however it may 
have originated, and with whatever countenance it might have been 



8 BRITISH RECRUITMENT 

at first looked on by British functionaries, Avoiild at once have been 
abandoned. This reasonable expectation has not been realized ; for 
efforts to raise recruits within the United States for the British army 
have not been intermitted, but are still prosecuted with energy. To 
arrest a course of proceedings which so seriously compromitted our 
neutrality, prosecutions^, by the order of the government, were insti- 
tuted against the offenders. This led to developments which estab- 
lished the fact that the governor of Nova Scotia, apparently with the 
knowledge and approval of her Majesty's government, had a direct 
agency in this illegal proceeding. 

I herewith send you a copy of an order or notification which lias 
been published in our newspapers, and believed to be genuine, pur- 
porting to have been issued by that functionary. It clearly appears 
from this document that the recruits were to be drawn from the TJnited 
States ; that the engagements with them were to be made within our 
limitS;, in open violation of the second section of the act of Congress 
of the 20th x\pril, 1818 ; and that British ofiicials were the agents 
furnished with the means for carrying the illegal measure into efiect. 
These agents have been engaged within our jurisdiction devoting 
themselves to the execution of this plan. 

Notwithstanding the legal measures taken by the officers of the 
United States to suppress the procedure, the work is still going on. 
We have accounts of persons constantly leaving the United States for 
the British provinces, under engagements, contracted here, to enter 
into the British military service. Such engagements are as much an 
infringement of our laws as more formal enlistments. 

I am directed by the President to instruct you to call the attention 
of her Majesty's government to this subject. He desires you to as- 
certain how far persons in official station under the British govern- 
ment acted in the first instance in this matter with its approbation, 
and what measures, if any, it has since taken to restrain their un- 
justifiable conduct. 

In the early stage of the present war the British government 
turned its attention towards our neutrality laws, and particularly to the 
provisions which forbid the fitting out and manning privateers for 
foreign service. Any remissness on our part in enforcing such jiro- 
visions would have been regarded by that government as a violation 
ot our neutral relations. No one need be at a loss to conjecture how 
our conduct would have been viewed by the allies, or what would have 
been their course towards this country if it had not denounced and re- 
sisted any attempt on the part of their enemy to send its agents into 
our seaports to fit out privateers and engage sailors to man them ; but 
would this government be less censurably neglectful of the duties of 
neutrality by permitting one of the belligerent powers to recruit its 
armies within our borders, than by permitting another to resort to 
our seaports for the purpose of organizing a jn-ivateer force to take 
a part in the present war ? 

Notwithstanding the ceaseless eiforts which this government has 
made for several years past to restrain our citizens, and foreigners 
among us, from getting up enterprises to invade or disturb the neigh- 
boring possessions of a European power, the British press has loudly 



IN THE UNITED STATES. 9 

proclaimed, and the British public have been induced to believe, that 
we have acted in bad faith, and complaisantly looked on, if we have 
not countenanced, the organization of such expeditions. While Eng- 
land has been severe and acrimonious in abusing the government and 
people of the United States on the false assumption that we have been 
neglectful, in this respect, of our duties as a neutral and friendly State, 
her officers are found among us busily engaged in carrying out a 
scheme in direct violation of our neutral duties, and of our laws pro- 
viding for the rigid enforcement of these duties. 

Under a consciousness of not deserving the reproach so gratuitously 
cast upon us by the British press and public, it would hardly comport 
with a proper sense of self-respect to refer in the way of complaint to 
these unfounded imputations ; but it may not be out of place to notice 
them when called on to animadvert upon the conduct of these accusers 
for entering into our territories and openly violating our laws and 
neutral rights at the same time they are severely arraigning this gov- 
ernment for not restraining and punishing others who have, as they 
allege, committed the same offence. 

The excuse offered by the British authorities for enlisting or en- 
gaging soldiers to enlist within the United States is, that her Majes- 
ty's subjects, and Germans resident therein, had expressed a desire to 
enter the British army. This fact, if it were unquestionable, would 
not justif}^ the British authorities in converting the United States into 
a field for recruiting the British army. 

Were not the proceedings in open violation of law, a respect for our 
obligations of neutrality, and the observance of the comity due to us 
as a friendly j^ower, would render such a course by either belligerent 
disrespectful to us. 

The value of such an excuse as is interposed by Great Britain in 
this case may be tested by its application to another in which there 
should be a change of parties. Would the fact that her Majesty's 
subjects, as well as Germans and Spaniards, and the subjects of most 
other nations resident in the United States, had a strong desire to aid 
the discontented Cubans in their efforts to throw off the domination of 
Spain, be accepted by Great Britain or the other nations of Europe as 
an excuse for the conduct of this government it it had actually con- 
nived at, or for a moment intermitted its efforts to suppress, expedi- 
tions attempted to be organized for aiding an insurrection in the 
island of Cuba ? 

Such an excuse, though sanctioned by the authority of the British 
government, would not be at all satisfactory to other powers, and 
would be disdained by the United States. This government expects 
that the conduct of the officers of Great Britain who have been en- 
gaged in the scheme to which I have alluded, will be disavowed by 
her Majesty's government, and these offenders against our neutral 
rights and laws will be visited with its marked displeasure. 

Though the proceedings of this government to frustrate this scheme 
may have caused the manner of carrying it on to be changed, there is 
reason to believe that it is still clandestinely prosecuted by British 
officers with means furnished by their government. 

The President will be much pleased to learn that her Majesty's 



10 BRITISH RECRUITMENT 

overnment has not authorized the proceedings herein complained of; 
nd has condemned the conduct of lier officials engaged therein, called 
hem to account, and taken most decisive measures to put a stop to 
the illegal and disrespectful procedure. 

I am, sir, respectfully, your obedient servant, 

W. L. MAKCY. 
James Buchanan, Esq., die, &c., dec. 



Mr. Buchanan to Mr. Marcy. 

[Extract.] 

No. 80.] Legation of the United States, 

London^ July 13, 1855. 

I herewith transmit the copy of a note addressed by me to Lord 
C larendon^ dated on the Gth instant, and prepared in conformity with 
your instructions, (No. 91) on the subject of the enlistment and em- 
ployment of soldiers for the British army within the limits of the 
United States, which I trust may recieve your approbation. It was 
sent to the Foreign Office on the Tth, but its receipt has not yet been 
acknowledged. 

Yours, very respectfully, 

JAMES BUCHANAN. 
Hon. William L. Marcy, 

Secretary of State. 



Mr. Buchanan to Lord Clarendon. 

Legation of the United States. 

London, July 6, 1855. 
The undersigned, envoy extraordinary and minister plenipotentiary 
of the LTnited States, has been instructed to call the attention of the 
Earl of Clarendon, her Majesty's Principal Secretary of State for For- 
eign Affairs, to the fict that numerous attempts have been made, 
since the commencement of the existing war between Great Britain 
and Kussia, to enlist soldiers for the British army within the limits 
of the United States, and that rendezvous for this purpose have been 
actually opened in some of their principal cities. "When intim ions 
were thrown out that British consuls in the United States were en- 
couraging and aiding such enlistments, Mr. Crampton, her Britannic 
Majesty's minister at Washington, exhibited to the Secretary of State 
the copy of a letter which he had addressed to one of these consuls, 
disapproving of the proceeding, and discountenancing it as a violation 
of tlie neutrality laws of the United States. After this very proper 
conduct on the part of Mr. Crampton, it was confidently believed that 



IN THE UNITED STATES. 11 

these attempts to raise military forces witliin tlie territory of a neu- 
tral nation, from whatever source they may have originated, would 
at once have been abandoned. This reasonable expectation has not 
been realized, and efforts to raise recruits within the United States 
for the British army are still prosecuted with energy, though chiefly 
in a somewhat different form. To arrest a course of proceeding 
which so seriously compromitted the neutrality of the nation in the 
existing war, prosecutions were instituted, by order of the American 
government, against the offenders. This led to developments estab- 
lishing the fact that the lieutenant-governor of Nova Scotia has had 
a direct agency in attempts to violate the neutrality laws of the Uni- 
ted States. This will appear from the copy of a notification issued 
by that functionary, dated at Halifax, on the 15th March last, and 
believed to be genuine, a copy of which the undersigned has now the 
honor to communicate to the Earl of Clarendon. This notification 
has been published in the newspapers of the United States. In con- 
sequence, it is believed, of this document, purporting to be official, the 
practice of recruiting still proceeds with vigor, notwithstanding the 
legal measures adopted by the officers of the United States to suppress 
it. The American government are constantly receiving information 
that persons are leaving, and have left the United States, under en- 
gagements contracted within their limits, to enlist as soldiers in the 
British army, on their arrival in the British provinces. These per- 
sons are provided with ready means of transit to Nova Scotia, in con- 
sequence of the express promise of the lieutenant-governor of that 
province to " pay to Nova Scotian and other shipmasters" the cost of 
a passage for each poor man, ^' loiUing to serve her llajesti/," ''shipped 
from Philadelphia, New York or Boston." 

The disclosures made within the very last month, upon a judicial 
investigation at Boston, (a report of which is now before the under- 
signed,) afford good reason to believe that an extensive plan has been 
organized by British functionaries and agents, and is now in successful 
operation in different parts of the Union, to furnish recruits for the 
British army. 

All these acts have been performed in direct violation of the second 
section of the act of Congress of the 20th April, 1818, which provides, 
"That if any person shall, within the territory or jurisdiction of the 
United States, enlist or enter himself, or hire or retain another per- 
son to enlist or enter himself, or to go beyond the limits or jurisdiction 
of the United States with intent to be enlisted or entered in the ser- 
vice of any foreign prince, state, colony, district, or people, as a sol- 
dier, as a marine or seaman, on board of any vessel of war, letter of 
marque, or privateer, every person so offending shall be deemed 
guilty of a high misdemeanor, and shall be fined not exceeding one 
thousand dollars, and be imprisoned not exceeding three years," &c. 

The plain and imperative duties of neutrality, under the law of 
nations, require that a neutral nation shall not suffer its territory to 
become the theatre on which one of the belligerents might raise armies 
to wage war against the other. If such a permission were granted, 
the partiality which this would manifest in favor of one belligerent 
to the prejudice of the other, could not fail to produce just complaints 



12 BRITISH RECRUITMENT 

on the part of the injured belligerent, and might eventually involve 
the neutral as a party in the war. 

The government of the United States, however, did not leave the 
enforcement of its neutral obligations to rest alone on the law of na- 
tions. At an early period of its history, in June, 1*794, under the 
administration of General Washington, an act of Congress was passed 
defining and enforcing its neutral (hities ; and this act has been sup- 
plied, extended, and enlarged by the act already referred to, and now 
in force, of the 20th April, 1818. Under both these acts the very 
same penalties are imposed upon all persons implicated, whether the 
actual enlistment takes place within the territory of the United States, 
or whether an engagement is entered into to go beyond the limits or 
jurisdiction of the United States "with intent to be enlisted or entered 
in the service of any foreign Prince," &c., &c. Without the latter 
provision, the former might be easily evaded in the manner proposed 
by the lieutenant-governor of Nova Scotia. If the law permitted any 
individuals, whether official or unofficial, to engage persons in Phila- 
delphia, New York, and Boston to serve in the British army, and to 
enter into contracts to trans})ort them to Halifax, there to complete 
the formal act of enlistment, then it is manifest that this law, to a 
very great extent, would become a dead letter. 

The undersigned is happy to know that in this respect the policy of 
the British government is identical with that of the United States. 
The foreign enlistment act, (59 Geo. 3, ch. 69,) like the act of Con- 
gress, inflicts the same penalties upon any individual who shall, within 
the British dominions, engage "any person or persons whatever " 
"to go, or to agree to go, or embark from any part of his Majesty's 
dominions, for the purpose or with intent to be so enlisted," as though 
the enlistment had actually taken place within the same. 

And here it may be worthy of remark, that neither the foreign en- 
listment act, nor the act of Congress, is confined to the enlistment or 
engagement of British subjects or American citizens, respectively, but 
rightfully extends to individuals of all nations — " to any person what- 
ever." The reason is manifest. The injury to the neutral principally 
consists in the violation of its territorial sovereignty by the belligerent 
for the purpose of raising armies ; and this is the same, no matter 
what may be the national character of the persons who may agree to 
enter the service. 

The government of the United States can look back with satisfaction 
to the manner in which it has performed its neutral duties at every 
period of its history ; and this often at the imminent risk of being in- 
volved in war. 

In the early stage of the present war, the British government very 
properly turned its attention towards the neutrality laws of the United 
States ; and particularly to the provisions which forbid the fitting out 
and manning privateers for foreign service. Any remissness in en- 
forcing such provisions would have been justly regarded by that gov- 
ernment as a violation of the neutral relations of the United States. 
It is not difiicult to conjecture in what light the conduct of the Ameri- 
can government would have been viewed by the allies had it not de- 
nounced and resisted any attempt on the part of their enemy to send 



IN THE UNITED STATES. 13 

its agents into the ports of the United States to fit out privateers, and 
engage sailors to man them. But would the government of the 
United States be less censurably neglectful of the duties of neutrality- 
were it now to suffer one of the allies to recruit armies within its 
borders, than it would have been had it permitted the other belligerent 
to resort to American seaports for the purpose of organizing a priva- 
teer force to take a part in the present war ? 

In view of all these considerations, the President has instructed the 
undersigned to ascertain from the Earl of Clarendon how far persons 
in official station under the British government have acted, whether 
with or without its approbation, either in enlisting persons within the 
United States, or engaging them to proceed from thence to the British 
provinces for the purpose of being there enlisted ; and what measures, 
if any, have been taken to restrain their unjustifiable conduct. 

The President will be much gratified to learn that her Majesty's 
government has not authorized these proceedings, but has condemned 
the conduct of its officials engaged therein, and has visited them with 
its marked displeasure, as well as taken decisive measures to put a 
stop to conduct so contrary to the law of nations, the laws of the Uni- 
ted States, and the comity which ought ever to prevail in the inter- 
course between two friendly powers. 

The undersigned has the honor to renew to the Earl of Clarendon 
the assurance of his distinguished consideration. 

JAMES BUCHANAN. 



Mr. Marcy to 3Ir. Buchanan. 

[No. 102.] Department of State, 

Washington, July 15, 1855. 

Sir : Since my despatch of the 9tli ultimo, in relation to recruiting 
soldiers within the United States for the British army, information 
has been received here that the business is not only continued, but 
prosecuted with increased vigor and success, and there is no doubt 
that it is carried on by the efficient aid of the officers and agents of 
the British government. It was expected, after the attention of her 
Britannic Majesty's minister near this government was directed to 
this subject, and after he had presented Lord Clarendon's note of the 
12th of April last to this department, and given assurances that steps 
had been taken to arrest the illegal procedure, tliat we should have 
witnessed no further participation by British functionaries in the at- 
tempt to invade our sovereignty and defy our laws. 

Something more than the disavowal then made to this department 
was looked for from the British government, which had, as it appears 
by Lord Clarendon's note, countenanced this aggression upon our 
rights. It was reasonably expected that her Britannic Majesty's gov- 
ernment would have considered it due to the friendly relations be- 
tween the two countries not merely to reprove its officers engaged in 
this scheme of raising recruits within our jurisdiction, but promptly 



14 BRITISH RECRUITMENT 

to retrace the steps wliicli had Leon taken, and at once to arrest the 
illegal proceedings ; but this government is not aware that any such 
course hap been taken : on the contrary, it has reason to believe that 
the niacliinery first put in operation is still at work, and is still man- 
aged by British functionaries. The notification of tlie governor of 
Nova ^Scotia (a copy of which accompanied my despatch of the 9th. 
ultimo) is unrevoked ; agents in our principal cities are now busily 
engaged in making contracts with persons to go into the British prov- 
inces and there to complete their enrolment in the Britisli array; 
liberal advances still continue to be made as an inducement for enter- 
ing into such engagements, and a free passage to the British prov- 
inces is provided for them. The facts that these persons receive com- 
pensation for their engagements, are taken to the provinces free of 
charge, and there treated as under obligation to perfect their enlist- 
ment in the British army, show that what has been done in the 
United tStates was set on foot by the British officers in the provinces, 
and that this scheme was not abandoned after the presentation of 
Lord Clarendon's note of the 12th of April, 1855, but is continued 
down to the present time, and is prosecuted with more vigor and 
effect than at any previous period. 

If an apology, grounded upon an alleged ignorance of our laws, 
could be offered for introducing this scheme for recruiting the British 
army by men drawn from the United States, that excuse could not be 
available after the provisions of these laws were first made known to 
those engaged in the scheme. 

_Since that time many months have elapsed, and the British officers, 
with a full knowledge of the illegality of the procedure and of its 
offensive character to the government and people of the United States 
as an open contempt of their sovereign rights, persist in carrying on 
this obnoxious scheme without any open disapproval by the home 
government, or any attempt to arrest it. 

This persistence of British officers, residents here or in the provinces, 
in countenancing and aiding unrestrained by their government, and 
apparently with its approval, to carry out this device of drawing re- 
cruits for the British army from the United States, gives grave im- 
portance to the subject, and calls, as the President believes, for some 
decisive reparation. 

It is presumed that her Britannic Majesty's government will regard 
it as due to the friendly relations between the two countries which 
are alike cherished by both, to explain the course it has pursued in 
this case ; what countenance was given to it in the beginning, and 
what has been subsequently done to put a stop to it. 

Having at an early stage in the proceedings become aware of the 
illegal conduct of its officials in this matter, and the objectionable 
light in which that conduct was viewed by this government, it is not 
to be supposed that proper measures were not taken by her ]3ritannic 
Majesty's government to suppress all further attempts to carry out 
this scheme of enlistment and to punish those who persevered in it. 
It would afford satisfaction to be informed what measures were adopt- 
ed by her Majesty's government to arrest the mischief ; but what- 
ever they were, it is evident they have proved ineffectual, for the 



IN THE UNITED STATES. 15 

ground of complaint still exists, and the practice is continued by the 
agency of persons beyond the limits of the United States as well as 
those within them, under circumstances which render a resort to 
criminal prosecutions inadequate to suppress it. 

The President is disposed to believe that her Majesty's government 
has not countenanced the illegal proceedings of its officers and agents 
since its attention was first directed to the subject, and will consider 
it alike due to itself and to the United States to disavow their acts, 
and deal with them in such a manner as their grave offence merits. 
As recruiting for the British army, in the mode alluded to, is still 
prosecuted within the United States by officers and agents employed 
for that purpose, the President instructs you to say to her Majesty's 
government that he expects it will take prompt and effective measures 
to arrest their proceedings, and to discharge from service those per- 
sons now in it who were enlisted within the United States, or who 
left the United States under contracts made here to enter and serve as 
soldiers in the British army. 

These measures of redress cannot, as the President conceives, be 
withheld on any other ground than the assertion of a right, on the 
part of Great Britain, to employ officers and agents to recruit her 
military forces within our limits in defiance of our laws, and our sove- 
reign rights. It is not anticipated that any such pretext will be 
alleged : it certainly cannot be permitted to be a subject of discussion.* 

The President instructs you to present the views contained in this 
despatch to her Britannic Majesty's government. 

I am, sir, respectfully, your obedient servant, 

W. L. MAECY. 

James Buchanan, Esq., &c., dc. 



Mr. Buchanan to Mr. Marcy. 
[Extract.] 

[No. 81.] Legation of the United States, 

London, July 20, 1855. 
gjro • ********** 

I transmit the copy of a note received from Lord Clarendon, dated 
on the 16th instant, in answer to mine of the 6th instant, on the sub- 
ject of the enlistment and employment of soldiers for the British 
army within the limits of the United States. In acknowledging the 
receipt of this note, I have informed his lordship that I shall have 
much satisfaction in transmitting a copy of it to the Secretary of 
State, by the next steamer. 

Yours, very respectfully, 

JAMES BUCHANAN. 

Hon. William L. Marcy, 

Secretary of State. 

* This paragraph was omitted in the copy handed to Lord Clarendon. 



16 BRITISH RECRUITMENT. 



Lord Clarendon to Mr. Buchanan. 

Foreign Office, Jultj 16, 1855. 

The undersigned, her Majesty's Principal Secretary of State for 
Foreign Affairs, has the honor to acknowledge the receipt of the note 
which Mr. Buchanan, envoy extraordinary and minister plenipoten- 
tiary of the Unitad States, addressed to him on the 6th instant, respect- 
ing attempts stated to have recently heen made to enlist, within the 
limits of the United States, soldiers for the British army. 

The undersigned must in the first instance express the regret of her 
Majesty's government if tlie law of the United States has been in any 
way infringed by persons acting with or without any authority from 
them ; and it is hardly necessary for the undersigned to assure Mr. 
Buchanan that any such infringement of the law of the United States 
is entirely contrary to the wishes and to the positive instructions of 
her Majesty's government. 

Tlie undersigned, however, thinks it right to state to Mr. Buchanan 
that some months ago her Majesty's government were informed, from 
various sources, that in the British North American possessions, as 
well as in the United States, there were many subjects of the Queen 
who, from sentiments of loyalty, and many foreigners who, from politi- 
cal feeling, were anxious to enter her Majesty's service, and to take part 
in the war. Her Majesty's government, desirous of availing themselves 
of the offers of these volunteers, adopted the measures necessary for 
making generally known that her Majesty's government were ready to 
do so, and for receiving such persons as should present themselves at an 
appointed place in one of the British possessions. The right of her 
Majesty's government to act in this %ay was incontestable ; but at 
the same time they issued stringent instructions to guard against any 
violation of the United States law of neutrality ; the importance and 
sound policy of which law have been so well expounded by Mr. Bucha- 
nan, in whose remarks upon it, as well as upon the foreign enlist- 
ment bill of this country, her Majesty's government entirely concur. 

It can scarcely be matter of surprise that, when it became known 
that her Majesty's government was prepared to accept these voluntary 
offers, many persons in various quarters should give themselves out 
as agents employed by the British government, in the hope of earning 
reward by promoting, though on their own responsibility, an object 
which they were aware was favorably looked upon by the British 
government. Her Majesty's government do not deny that the 
acts and advertisements of these self-constituted and unauthorized 
agents were in many instances undoubted violations of the law of the 
United States ; but such persons liad no authority whatever for their 
proceedings from any British agents, by all of whom they were 
promptly and unequivocally disavowed. 

With respect to the proclamation by the lieutenant governor of 
Nova Scotia, enclosed in Mr. Buchanan's note, the undersigned can 
assure Mr. Buchanan, with reference both to the character of Sir 
Gaspard le Marchant, and to the instructions he received, as well as 
to his correspondence on these instructions, that that officer is quite 



IN THE UNITED STATES. * 17 

incapable of intentionally acting against the law of the United States ; 
and in proof that he did not in fact do so, the undersigned be^-s leave 
to refer Mr. Buchanan to the legal decision given on the pa^-ticular 
point adverted to by Mr. Buchanan, by Judge Kane, on the 22d of 
May last, in the United States circuit court at Philadelphia. The 
judge says : " I do not think that the payment of the passage from 
this country of a man who desires to enlist in a foreign port, comes 
within the act." [The neutrality act of 1818.] "In the terms of the 
printed proclamation, there is nothing conflicting with the laws of 
the UnitedStates. A person may go abroad, provided the enlistment 
be in a foreign place, not having accepted and exercised a commission. 
There is some evidence in Hertz's case that he did hire and retain, 
and therefore his case would have to be submitted to a jury. In Per- 
kins's case there was testimony upon which a jury might convict. In 
Bucknell's case it appears that there was a conversation at which he 
was present, but there was no enlistment, or hiring, or retaining-. 
The conversation related as to the practicability of persons geina; 
to Nova Scotia to enlist. If the rule I have laid dov,'n be correct, 
then the evidence does not connect him with the misdemeanor." 
''Mr. Bucknell is, therefore, discharged, and Messrs. Perkins and 
Hertz are remanded to take their trial." 

As regards the proceedings of her Majesty's government, the under- 
signed has the honor to inform Mr. Buchanan tliat Mr. Crampton was 
directed to issue strict orders to British consuls in the United States 
to be careful not to violate the law, and Mr. Crampton was enjoined, 
above all, to have no concealment from the government of the United 
States. In the absence of Mr. Crampton from Washington, her 
Majesty's charge d'aifaires placed in Mr. Marcy's hands a despatch 
from the undersigned on this' subject, expressly stating that ''her 
Majesty's government would on no account run any risk of infringing 
this (the neutrality) law of the United States." 

The undersigned has, however, the honor, in conclusion, to state 
to Mr. Buchanan that her Majesty's government — having reason to 
tliink that no precautionary measures, with whatever honesty they 
might be carried out, could effectually guard against some real or ap- 
parent infringement of the law, which would give just cause for com- 
plaint to the government of the United States — determined that all 
proceedings for enlistment should be put an end to, and instructions 
to that eft'ect were sent out before the undersigned had the honor to 
receive Mr. Buchanan's note, as the undersigned need hardly say that 
the advantage which her Majesty's service might derive from enlist- 
ment in North America would not be sought for by her Majesty's 
government, if it were supposed to be obtained in disregard of the 
respect due to the law of the United States. 

The undersigned has the honor to renew to Mr. Buchanan the as- 
surance of his liighest consideration. 

CLAEENDON. 

Hon. James Buchanan. 

Ex. Doc. 35 2 



Ig BRITISH RECRUITMENT 

Mr. Buchanan to Mr. Marcy, 
[Extract.] 

HN'o. 83.] Legation of the United States, 

London, August 3, 1855. 
o„. ********** 

You will observe, by the London Times of this morning, that Lord 
Palmerston last night in the House of Commons, in answer to an in- 
quiry of Mr. Thomas Milnor Gibson, stated as follows : " With regard 
to the question which arose in the United States [respecting the en- 
listment or engagement of soldiers for the Foreign Legion,] I beg to 
inform the right honorable gentleman that a similar arrangement [to 
that at Heligoland] was made at Halifax, by which any persons 
o-cing there, from whatever quarter, might be enrolled ; but it ap- 
pearing that that had led to questions within the territory of the 
United States as to whether or not the law of that country had been 
violated, her Majesty's government being desirous that no such 
questions should by possibility arise, has put an end to the enlistment 

offerees which used to take place at Halifax." 

*********** 

Yours, very respectfullv, 

JAMES BUCHANAN. 
Hon. William L. Marcy, 

Secretary of State. 



Mr. Marcy to Mr. Crampton. 

, Department of State, 

Washington^ September 5, 1855, 

Sir: Having ascertained that the scheme to raise recruits for the 
British army within the limits of the United Stiites was vigorously 
prosecuted after our first conversation on the subject, and that officers 
of her Britannic Majesty's government were taking an active part in 
it, notwithstanding the disapprobation of this government was well 
known, the President directed Mr. Buchanan, the United States min- 
ister at London, to be instructed to bring the subject to the attention 
of Lord Clarendon, her Majesty's Princii)al Secretary of State for 
Foreign Affairs. Lord Clarendon, in his reply to Mr. Buchanan's 
note to him of the 6th of July last, admits that her Majesty's gov- 
ernment did concur in and authorize some measures to be taken to 
introduce persons resident in the United States into the British army, 
but places the justification of the proceedings thus authorized upon 
the narrow ground that " stringent instructions " were issued to the 
British officers and agents to guard against any violation of tho 
United States law of neutrality ; and his Lordship expresses a con- 
fident opinion that these instructions have been scrupulously observed. 



IN THE UNITED STATES. 19 

He is fully aware that volunteers have emharked in the scheme, who 
have violated our laws. Though it was anticipted, as he confesses, 
that such volunteers, assuming to be agents of her Majesty's govern- 
ment, would take a part in carrying out the authorized scheme of 
drawing recruits from the United States, and v/ould he likely to in- 
fringe our laws ; yet as they were, as he alleges, self-constituted and 
unauthorized agents, he assumes that no responsibility for their con- 
duct attaches to her Majesty's government or its officers. 

In authorizing a plan of recruitment which was to be carried out 
in part within our territories, the British government seems to have 
forgotten that the United States had sovereign rights, as well as mu- 
nicipal laws, which were entitled to its respect. For very obvious 
reasons the officers employed by her Majesty's government in raising 
recruits from the United States would, of course, be cautioned to 
avoid exposing themselves to the penalties prescribed by our laws ; 
but the United States had a right to expect something more than 
precautions to evade those penalties: they had a right to" expect that 
the government and officers of Great Britain Avould regard the policy 
indicated by these laws, and respect our sovereign rights as an inde- 
pendent and friendly power. 

It is exceedingly to be regretted that this international aspect of 
the case was overlooked. As to the officers of the British govern- 
ment, it is not barely a question whether they have or have not ex- 
posed themselves to tlie penalties of our laws, but whether they have 
in their proceedings violated international law and offered an affront 
to the sovereignty of the United States. As functionaries of a foreign 
government, their duties towards this country as a neutral and sov- 
ereign power are not prescribed by our legislative enactments, but by 
the law of nations. In this respect their relation to this government 
differs from tliat of private persons. Had there been no acts of Con- 
gress on the subject, foreign governments are forbidden by that law 
to do anything which would in any manner put to hazard our position 
of neutrality in respect to the belligerents. 

_ The information which has been laid before the President has con- 
vinced him tliat the proceedings resorted to for the purpose of draw- 
ing recruits from this country for the British army have been insti- 
gated and carried on by the active agency of British officers, and that 
their ]»articipation therein has involved them in the double offence of 
infringing our laws and violating our sovereign territorial rights. 

If there were sufficient reasons to believe that by skilfully interposing 
private persons as ostensible actors in carrying out their arrangements, 
these officers have successfully shielded tliemselves from the penalties of 
our laws, still they, as well as their government, if they have acted by its 
authority, are responsible as parties to a procedure which constitutes 
an international oifence of such a grave character as cannot be passed 
unnoticed by this government. While strenuously exerting its au- 
thority, as it has frequently done, and is still doings to prosecute and 
punish its own citizens for infringing its obligations of neutrality, it 
could not allow itself to pass lightly over tlie like offence committed 
by foreigners acting as the authorized agents of another government. 

The case which the United States feel bound to present to her 



20 BRITISH RECRUITMENT 

Majesty's government, involves considerations not embraced in Lord 
Clarendon's reply to Mr. l^uchanan's note. The question is not 
whether that government has authorized, or any of its officers have done 
acts for which the pnnishraent denounced by our laws can be inflicted, 
but whether they participated in any form or manner in proceedings 
contrary to international law, or derogatory to our national sover- 
eignty. It is not now necessary, therefore, to consider what techni- 
cal defence these officers miglit interpose if on trial for violating our 
municipal laws. 

This whole scheme of raising recruits for the British army within 
or from the United States, together with the agents and means used 
to carry it out, is now in the way of being developed, and I regret 
that the disclosures already made appear to implicate so many of her 
Majesty's officers resident as well in the United States as in the adja- 
cent British provinces. The President perceives with much regret 
that the disclosures imj^licate you in these proceedings. He has, 
therefore, preferred to communicate the views contained in this note 
to her Majesty's government through you, her representative here, 
rather than through our minister at London. The information in his 
possession does not allow him to doubt that yourself, as well as the 
lieutenant governor of Nova Scotia, and several civil and military of- 
ficers of the British government of rank in the provinces, were instru- 
mental in setting on foot this scheme of enlistment ;^ have offered 
inducements to agents to embark in it, and approved of the arrange- 
ments for carrying it out, which embraced various recruiting estab- 
lishments in different cities of the United States, and made liberal 
provision for funds to be used as inducements for persons residing 
therein to leave the country for the purpose of enlisting in the British 
military service. These arrangements are utterly incompatible with 
any pretence that they were designed merely to afford facilities to 
British subjects or other foreigners in this country to carry out their 
wishes, prompted purely by " sentiments of loyalty" or " political 
feeling," to participate with the allies in the existing war in Europe. 
The information in the possession of this government is so well es- 
tablished by proof, and corroborated by so many public acts, that the 
President feels warranted in presenting to the British government this 
conduct of her Majesty's officers, as disrespectful to the United States 
and incompatible with the friendly relations between the two coun- 
tries. 

Among the solemn duties imposed upon the President is that of 
maintaining and causing to be respected the sovereign rights of the 
United States, and to vindicate before the world their good fiiith in 
sustaining neutral relations with other powers ; and from this duty he 
will not allow himself to be diverted, however unpleasantly it may 
affect his personal or official relations with individuals. 

The course which the President would deem it proper to take, 
towards the implicated officers within the United States, depends in 
some measure upon their relation to their government in this matter. 
Lord Clarendon's note of the IGth of July does not make it quite 
clear that her Majesty's government is prepared to disavow the acts 
complained of and to throw the entire responsibility of them upon its 



IN THE UNITED STATES. 21 

officers and agents. ' ■ Stringent instructions' ' were undoubtedly given 
to her Majesty's officers " to guard against any violation oftlie United 
States law of neutrality ;" but it does not a])|)ear that respect for our 
territorial sovereignty, or the well known policy of the United States 
as a neutral, not specifically embraced in our municipal enactments, 
was enjoined. The instructions might tliereforebe formally complied 
with, and these officers at the same time do acts which constitute an 
offence against our rights as a sovereign power. Such acts it is be- 
lieved they have committed; whether with or without the ap])roval or 
countenance of their government does not authoritatively appear. 

Lord Clarendon, it is apprehended, was not well informed as to the 
proceedings which had taken place in regard to the recruitments in 
this country, when he expressed the opinion that the persons engaged 
in carrying them out, whose conduct he does not deny was illegal, 
were self-constituted and unauthorized agents. This government has 
good reasons for believing that these agents had the direct sanction of 
British officers for their conduct, and were employed by them. 

If these officers are sustained in what they have done, and author- 
ized others to do in this matter, by their government, the President 
will look to that government in the first instance, at least for a proper 
measure of satisfaction ; but if their conduct is disavowed, and de- 
clared to have been contrary to the instructions and without the coun- 
tenance or sanction of her Majesty's government, the course imposed 
upon him by a sense of duty will in that case be changed. 

The object of this note is to ascertain how far the acts of the known 
and acknowledged agents of the British government, done within the 
United States, in carrying out this scheme of recruiting for the British 
army, have been authorized or sanctioned by her Majesty's government. 

I avail myself of this opportunity to renew to you, sir, the assu- 
rance of my high consideration. 

W. L. MARCY. 

John F. Craiipton, Esq., d-c, dc, d-c. 



Mr. Crampton to Mr. Marcy. 

Washington, September 7, 1855. 

Sir: I have the honor to acknowledge the receipt of your note 
of the 5th instant, upon the subject of alleged recruitments in the 
United States of soldiers for the British army. 

As your note, although addressed to myself, refers in a great 
measure to a correspondence which has taken place between Lord 
Clarendon and Mr. Buchanan, on the same subject, I have thought it 
expedient to defer replying at length to your present communication, 
until I shall have been more fully put into possession of the views of 
her Majesty's government, in regard to all the matters to which it 
relates. 

I shall then do myself the honor of addressing to you a further 
communication; and I confidently trust that I shall be enabled alto- 



22 BRITISH RECRUITMENT 

gefher to remove the unfavorable impression whicli "has been created 
as to the motives and conduct of her Majesty's government, and their 
officers, including myself, in regard to this matter. 

I avail myself of this opportunity to renew to you, sir, the assu- 
rance of my high consideration. 



Hon. W. L. Maiicy, d-:., dc, dc. 



JOHN F. CRAMPTON. 



Mr. 3Ia7'cy to Mr. Buchanan. 

[No. 107.] Department of State, 

Washington, September 8, 1855. 

Sir : In my private letter of the 2d instant, I informed you that I 
had prepared an official note, relative to the British enlistments 
within the United States, to which British officers were auxiliary. 
As Mr. Crampton was personally implicated, it was determined to 
send it to him, although other communications on the subject had 
been addressed to you. 

The note was sent to Mr. Crampton on the 5th instant, and yester- 
day I received one from him, in which he informs me that he shall 
send my note to his government for directions as to the reply. 

I herewith transmit to you copies of the notes above alluded to, 
together with copies of a part of tlie proofs in possession of this gov- 
ernment on the subject, implicating her Britannic Majesty's officers. I 
do not believe Strobel's statement can be successfully impeached. I 
am quite sure it cannot be in its essential parts. Lord Clarendon 
must have been misinformed as to the actual state of things here, 
when he assured you that the persons who had violated our neutrality 
law were self-constituted and unauthorized agents. If the British 
government choose to take pains to ascertain what disposition has 
been made of the large sums of money expended in carrying out the 
scheme of enlistments in this country, it will find that a considerable 
amount of it has gone into the hands of these agents, and that it was 
paid to them for the purpose of being expended in the United States^ 
in raising recruits for the British military service. 

I am, sir, respectfully, your obedient servant, 

W. L. MARCY. 

James Buchanan, Esq., tf-c, dtc, &c. 



Mr. Buchanan to Mr. Marcy, 
[Extract.] 

[No. 93.] Leoation of the United States, 

London, September 28, 1855. 
Sir : I have the honor to acknowledge the receipt of your despatch 
No. 107, of the 8th instant, with the accompanying documents. 



IN THE UNITED STATES. 23 

I transmit to you the copy of a note of yesterday's date, received 
tliis morninoj from Lord Clarendon, in reference to your note to Mr. 
Crampton of the 5th instant on the subject of British recruitments in 
the United States, together with a copy of my note of this date ac- 
knowledging its receipt. I have been thus ])rompt in notifying his 
lordship that I had no instructions which would warrant me in inter- 
fering with the correspondence commenced between Mr. Crampton 
and yourself at Washington, so that there might be no reason for any 
delay on the part of the^British government in sending their instruc- 
tions to that gentleman. I doubt very much, however, whether the 
confident trust expressed by him in his note to you of the Vth instant 
will be realized, that after having been more fully put into possession 
of the views of his government he " shall be enabled altogether to re- 
move the unfavorable impression which has been created as to the 
motives and conduct of her Majesty's government and their officers, 
including myself, [himself,] in regard to this matter." Lord Claren- 
don's note to me of yesterday renders it improbable that Mr. Cramp- 
ton will receive any such instructions ; and I doubt whether the ex- 
pression of his confident trust to this effect has received the approba- 
tion of his lordship. 

I also transmit a copy of my note of the 18th July last to Lord 
Clarendon, to which he refers in his note to me of yesterday.^ I com- 
municated to you the substance of this note in my No. 81, of the 20th 
July, though at that time I did not deem it necessary to send a full 

copy- 

I have not time at present, before the closing of the bag, to make 
some observations which I had intended to do on the subject. I may 
resume it next week. 

Yours, very respectfully, 

JAMES BUCHANAN. 

Hon. William L. Marcy, 

Secretary of State. 



Lord Clarendon to Mr. Buchanan. 

Foreign Office, September 27, 1855. 
Mr. Buchanan, envoy extraordinary and minister plenipotentiary 
of the United States at this court, will probably have received^ from 
his government a copy of a letter which Mr. Marcy, Secretary of State 
of the United States, addressed to Mr. Crampton, her Britannic Majes- 
ty's envoy extraordinary and minister plenipotentiary in the United 
States, on the 5th of this month, on the subject of the communication 
which the undersigned, her Majesty's Principal Secretary of State for 
Foreign Affiiirs, had the honor to make to Mr. Buchanan on the 16th 
of Julv, in reply to his note of the 6th of that month, complaining 
of the proceedings of British agents and British colonial authorities 
in raising within the States of the Union recruits for the British 



24 BRITISH RECRUITMENT 

military service, in violation (as was alleged) of the act of Congress 
of the 20th of April, 1818. 

The undersigned had hoped, from the answer whicli he received 
from Mr. Buchanan on the 18th of July, that the explanations and 
assurances which he had given on this subject in his note of the 16th 
of that month would have proved as satisfactory to the government 
of the United States as they appeared to be to Mr. Buchanan ; and it 
was therefore with no less disappointment than regret, that her Majes- 
ty's government perused the letter addressed by Mr. Marcy to Mr. 
Crampton on the 5th instant, of which the undersigned encloses a 
copy to Mr. Buchanan in case he should not have received it from 
Washington. 

In this letter, Mr. Marcy, laying less stress than Mr. Buchanan did 
upon the alleged infraction of the municipal laws of the United States, 
dwells chiefly upon the point, wliich was but slightly adverted to by 
Mr.^ Buchanan, of an assumed disregard of the sovereign rights of the 
United States on the part of the British authorities or the figents em- 
ployed by them. 

Her Majesty's government have no reason to believe that such has 
been the conduct of any persons in the employment of her Majesty, 
and it is needless to say that any person so employed would have de- 
parted no less from the intentions of her Majesty's government by 
violating international law, or by offering an affront to the sovereignty 
of the United States, than by infringing the municii)al laws of the 
Union to which Mr. ]3uchanan more particularly called the attention 
of the undersigned. Her Majesty's government feel confident that 
even the extraordinary measures which have been adopted in various 
parts of the Union to obtain evidence against her Majesty's servants, 
or their agents, by practices sometimes resorted to under despotic in- 
stitutions, but which are disdained by all free and enlightened gov- 
ernments, will fail to establish any well-founded charge against her 
Majesty's servants. 

The British government is fully aware of the obligations of inter- 
national duties, and is no less mindful of those obligations than is the 
government of the United States. The observance of those obliga- 
tions ought, undoubtedly, to be reciprocal ; and her Majesty's govern- 
ment do not impute to the government of the United States, that 
while claiming an observance of those obligations by Great Britain, 
they are lax in enforcing a respect for those obligations within the 
Union. 

But as this subject has been mooted by Mr. Marcy, her Majesty's 
government cannot refrain from some few remarks respecting it. 

The United States profess neutrality in the present war between the 
Western Powers and Kussia ; but have no acts been done within the 
United States, by citizens thereof, which accord little with the spirit 
of neutrality ? Have not arms and ammunition, and warlike stores 
of various kinds, been sent in large quantities from the United States for 
the service of Kussia? Have not plots been openly avowed, and con- 
spiracies entered into witliout disguise or hindrance, in various parts 
of the Union, to take advantage of the war in which G-reat Britain is 
engaged, and to seize the ojiportunity for promoting insurrection in 



IN THE UNITED STATES. 26 

her Majesty's dominions, and tlie invasion thereof by an armed force 
proceeding from the United >States ? 

Her Majesty's government have been silent on these matters, which 
tliey did not consider indicative of the general feelings of tlie Ameri- 
can people ; for, remembering the many ties and sympathies which 
connect the people of the United States with the two powerful nations 
who are engaged in the present contest with Russia, they were con- 
vinced that a free, enlightened, and generous race, such as the citi- 
zens of the great North American Union, must entertain, on the im- 
portant questions at issue, sentiments in harmony with those which 
animate not only the British and French nations," but the great mass 
of the nations of Western Europe ; and her Majesty's government 
would not have adverted to the exceptional course pursued by a cer- 
tain numberof individuals, if it had not been for the above-mentioned 
statements in Mr. Marcy's note. 

But her Majesty's government think themselves entitled to claim 
the same credit for sincerity of purpose and uprightness of conduct 
wdiich they readily allovv- to the government of the United States ; and 
to expect that their assurance should be received, that as they have 
emjoined on all her Majesty's servants a strict observance of the laws 
ort' the United States, so they have no reason to believe that any of her 
Majesty's servants, or any agents duly authorized by those servants, 
have disregarded those injunctions in respect to the matters which 
form the subject of this note. 

The undersigned requests Mr. Buchanan to accept tlie assurance of 
liis higliest consideration. 



Hon. James Buchanan, etc., dc, d;c. 



CLARENDON. 



Mr, Buchanan to Lord Clarendon. 

Legation of the United States, 

London, September 28, 1855, 

The undersigned, envoy extraordinary and minister plenipotentiary 
of the United States, has the honor to acknowledge the receipt of tlie 
note, dated on the 27th instant, from the Earl of Clarendon, her 
Majesty's Principal Secretary of State for Foreign Affairs, in reference 
to the note of the 5th instant, addressed by Mr. Marcy, the Secretary 
of State, to Mr. Crampton, her Britannic Majesty's minister at Wash- 
ington, on the subject of the enlistment and engagement of soldiers 
for the British army within the limits of the United States ; and he 
will not fail to transmit to Washington a copy of his lordship's note 
by to-morrow's steamer. 

The undersigned forbears to make any observations on this note, or 
to interfere in any manner with the correspondence commenced at 
Washington between the Secretary of State and Mr. Crampton, as 
he has received no instructions which would warrant him in so doing. 



M BRITISH RECRUITMENT 

The undersigned lias the honor to renew to the Earl of Clarendon 
the assurance of his distinguished consideration. 

JAMES BUCHANAN. 
Tlie Right Honorable the Eael of Clarendox, 

dtc, dtc, &.C. 



Mr. Buchanan to Lord Clarendon. 

Legation oe the United States, 

London, July IS, 1855. 
The undersigned, envoy extraordinary and minister plenipotentiary 
of the United States, has the honor to acknowledge the receipt of the 
note which the Earl of Clarendon, her Majesty's JPrincipal Secretary 
of State for Foreign Affairs, addressed to him on the 16th instant, 
in answer to his note of the 6th instant, on the subject of the enlist- 
ment and employment of soldiers for the British army within the 
United States ; and the undersigned will have much satisfaction in 
transmitting a copy of his lordship's note to the Secretary of State 
by the next steamer. 

The undersigned has the honor to renew to the Earl of Clarendon 
the assurance of his distinguished consideration. 

JAMES BUCHANAN. 
The Right Honorable the Earl of Clarendon^, 

dc, dc, dec. 



Mr. Marcy to 3Ir. Buchanan. 

[No. 113.] Department of State^ 

Washington, October 1, 1855. 

Sir : I herewith send you papers containing the report of the trial 
of Hurtz, for a violation of our neutrality laws by enlisting soldiers 
for the British army. 

The testimony shows that Mr. Crampton and several other British 
officials are deeply implicated in the transaction. Lord Clarendon's 
note, in answer to yours bringing the subject to his notice, assumed 
that none of her Majesty's officers had been in any way engaged in 
the plan of recruiting within the United States. Had the facts been 
as he assumed them to be, and this government had had no reason to 
believe that the measure was not designed to draw recruits from the 
United States, liis lordship's reply would have been satisfactory. 

Subsequent developments show that Lord Clarendon was misin- 
formed as to the true state of the case. 

The second despatch to you on the subject showed that the ground 
of grievance was not confined to the mere fact of a violation of our 
neutrality laws by British officers. It presented the case as a national 
offence committed by them, irrespective of those laws. These officers 



IN THE UNITED STATES. 27 

may have contrived to shield themselves from the penalties of our 
laws, and yet have committed an offence against our sovereign terri- 
torial rights. This latter aspect of the case was distinctly presented 
in my last despatch to you on the suhject. It was this view of the 
case which the President wished you to present to her Majesty's 
Minister of Foreign Relations. , 

It is important, with reference to proceedings against British officers 
residing Avithin the United States, that the President should know 
■whether the government of Great Britain mean to justify or condemn 
their conduct. 

The disclosures which have been made leave no doubt of the fact 
that some of these officers have taken an active part in raising recruits 
in the United States. If their conduct was unauthorized and is con- 
demned, it is proper that this government should be a])prized of the 
fact, as well as of the punishment which has been, or is proposed to 
be, inflicted upon them ; but if, on the other hand, the British govern- 
ment approve of the course pursued by its officers, it is important that 
its determination in that respect should be known. 

I am, sir, respectfully, your obedient servant, 

W. L. MAEOY. 

James Buchanan, Esq., dc, d-c, dc. 



Mr. Buchanan to Mr. 3Iarcy. 
[Extract.] 

[No. 94.] Legation of the United States, 

London, Odoher 3, 1855. 

In my last despatch. No. 93, of the 28th untimo, I stated that I 
had not tlien time, before the closing of the bag, to make the obser- 
vations I had intended on the subject to which it refers, but intimated 
that I might do so this week. 

The alleged agency of Mr. Crampton in the recruitment of British 
soldiers within the limits of the United States presents a serious aspect. 
From tlie information contained in your despatch (No. 91) of the 9th 
June, we had reason to expect a different course of conduct on his 
part. I need scarcely say that, had I l)een informed that her Britannic 
Majesty's representative at Washington had placed himself in the 
position attributed to him by Captain Strobel, I should not have ex- 
pressed to Lord Clarendon my satisfaction in transmitting to you his 
note of the IGth July. 

It is remarkable that Lord Clarendon, in his note to myself of the 
27th ultimo, whilst commenting on your note of the 5th September 
to Mr. Crampton, should have been totally silent in regard to that 
gentleman after what you had said respecting his conduct. 

I cannot but regard as offensive the remark of his lordship on 
*' the extraordinary measures which," he alleges, "have been adopted 
in various parts of the Union to obtain evidence against her Majesty's 
servants, or their agents^ by practices sometimes resorted to under 



2B BRITISH RECRUITMENT 

despotic institutions, but wliicli are disdained by all free and en- 
lightened governments ;" tliough be would doubtless say these were 
not intended to apply in an offensive sense to the American govern- 
ment. He probably alludes to occurrences at Cincinnati and other 
places. 
^ If arms and ammunition, and warlike stores of various kinds, have 
been sent in large quantities from the United States for the service of 
Russia, as his lordship alleges,, this is nothing more than our citizens 
had a right to do, subject to the risk under the law of contraband. 
Similar articles have been sent from the United States to Great Britain 
in large quantities. Besides, at the present moment, and ever since 

' the commencement of the present war, many of our vessels have been 
engaged as transports, by Great Britain and France, to carry troops 
and munitions of war to the Crimea. When tliis business first com- 
menced, I was applied to by masters and agents of American vessels 
for information as to what penalties they would incur by engaging in 
it, and I stated to them that their vessels would be lawful prize if 
captured by the Russians. For this reason I advised them to obtain 
an indemuit}" from the government employing them against this risk. 
The ^'})lots" to which his lordship refers relate chiefly, I presume, 
(for I do not know,) to the proceedings and address of the "Massa- 
chusetts Irish Emigrant Aid Society" at Boston, on the 14th August. 
These were republished in the London Times on the 11th September; 

^ and you will find an editorial, on this subject, on the following day. 

Yours, very respectfully, 

JAMES BUCHANAN, 
Hon. William L. Marct, 

Secretary of State. 



Mr. Buchanan to Mr. Blarcy. 

[Extract] 

Legation of the United States, 

London^ October 30, 1855. 

But I have not since taken any action upon your No. 102, for the 
plainest reason. I had, previously to its arrival, transmitted to you a 
copy of Lord Clarendon's note, already referred to^ of the 16th July, 
on the subject of the enlistment and employment of soldiers for the 
British army within our limits, and liad informed his lordship, in 
acknowledging the receipt of this note, that I should have much sat- 
isfaction in transmitting a copy of it to the Secretary of State. Of 
course it would have been improper for me to take any new step in 
this matter until I should learn whether this note would prove satis- 
factory to yourself. Again : your No. 102 states that, after many 
months had elapsed, British officers were still proceeding to violate 
our laws, and persist ''in carrying on the obnoxious scheme without 
any open disapproval by the home governmentj or any attempt 



IN THE UNITED STATES. 29 

to arrest it ;" and one of the two express instructions wliich the 
President gives me in conclusion is, "to say to her Majesty's 
government that he expects it will take prompt and effective 
measures to arrest their proceedings." Now, these measures had 
been already adopted, but could not possibly have been known to 
you. Lord Clarendon's note had entirely changed the aspect of 
the case from the view which you took of it, and must necessarily 
have taken of it, at the date of your No. 102. The general tenor of 
this note — its disavowals and its regrets — were certainly conciliatory, 
and the concluding jiaragraph, declaring that ail proceedings for en- 
listments in North America had been put an end to by her Majesty's 
government, for the avowed reason that the advantages which her 
Majesty's service might derive from such enlistments would not be 
sought for by her Majesty's government if it were supposed to be ob- 
tained in disregard of the respect due to the law of the United States, 
was highly satisfactory. It was for these reasons that I expressed the 
satisfiction I would have in communicating it to you. Then came th-e 
declaration of Lord Palmerston to the same effect in the House of 
Commons, on the 2d August, in which he explicitly declared that, in 
order to avoid questions with the United States, the government " had 
put an end to the enlistment of forces Avhich used to take place at 
Halifax." This declaration was, to my knowledge, received with 
much satisfaction by Mr. Milnor Gibson, who had made the inquiry 
of Lord Palmerston, as well as by many other liberal members of 
Parliament. Very different, indeed, had been the conduct of the 
British government in this respect towards certain continental States. 

I can assure you that I did not entertain the most remote idea that 
this question had not been satisfactorily adjusted until I learned tlie 
complicity of Mr. Crampton in the affair. This was officially com- 
municated to me in your despatch No. 107, of the 8th, received on 
the 24th of September, with a copy of your letter to Mr. Crampton, 
on the 5th, and his answer of the Tth of the same month. Prom 
these, it appears you had thought it due to Mr. Crampton, no doubt 
properly, to take the afftiir in hand yourself, and this you have done 
in an able manner in your letter to that gentleman. Thus much I 
have deemed necessary to place myself rectm in curia. 
Yours, very respectfullv, 

JAMES BUCHANAN. 

Hon. William L. Marcy, 

Secretary of State. 



Mr. Marcy to Mr. Buchanan. 

[No. 118.] Department of State, 

Washington, October lo, 1855. 

Sir : The copy of Lord Clarendon's note of the 27th ultimo, which 
you transmitted to the department with your despatcli No, 93, has been 
received. I have laid it before the President, and am directed to 
make the following rejff y : 

The case presented to her Britannic Majesty's government, in my 



m BRITISH RECRUITMENT 

note to Mr. Crampton, contained a distinct charge that British officers 
and agents had infringed our laws enacted for the maintenance of our 
duties of neutrality to friendly powers, and that some of these officers 
and agents in the employment of their government within the United 
StateSp and others, residents in the neighboring British provinces, had 
also violated our sovereign territorial rights by being engaged in re- 
cruiting for the British army wuthin our territories, The^ mode by 
which this recruiting had been carried on, and the connexion of these 
with it, were clearly stated. 

A scheme for that purpose had been arranged by British oificers. 
Agents had been employed by them to open rendezvous in our prin- 
cipal cities, numerous engagements had been made with recruits, 
money had been paid to them, and liberal promises of other consid- 
erations offered as an inducement for entering into the British service, 
and they had been taken out by the United States by means furnished 
by |)ersons in the employment of the British government. 

It was also stated that the evidence establishing these allegations 
against the officers and agents of the British government was of such 
a character that this government could not reasonably doubt its ac- 
curacy. 

The President has given to the reply of Lord Clarendon, her Bri- 
tannic Majesty's Principal Secretary of State for Foreign Aflairs, to 
the case tlms presented by this government, the full consideration it is 
entitled to on account of the high source from which it emanates, and 
he regrets to be obliged to adopt the conclusion that it is not satis- 
factory. 

This government had a right to look for something more in that 
reply than an expectation on the jiart of her Majesty's government 
" that their assurance should be received that, as they have enjoined 
on all her Majesty's servants a strict observance of the laws of the 
United States, so they have no reason to believe that any of her Ma- 
jesty's servants, or any agents duly authorized by those servants, have 
disregarded those injunctions in respect to the matters which form the 
subject of this [Lord Clarendon's] note." This is a very laconic, but 
certainly a very unsatisfictory answer to the demand of redress by 
this government for a violation of its laws and an affront to the sove- 
reign rights of this country. 

This conclusion adopted by Lord Clarendon is preceded by a general 
objection to all the evidence by which the charges against the British 
officers and agents are sustained. 




despoti 

ed by all free and enlightened governments." This serious imputa- 
tion is accompanied with no specification, or even vague allusion to the 
condemned measures, nor is this government favored by his lordship 
with any information to guide conjecture as to his meaning. 

The only reply which can be made to an allegation so exceedingly 
indefinite is, that this government has authorized or used no other 
but ordinary and legitimate modes of obtaining evidence against 
British officers ; nor has it any reason to believe or suspect that any per- 
sons, with or without its countenance, have adopted any measures 



IN THE UNITED STATES. 31 

whatever for obtaining such evidence, wliicli would not find abundant 
sanction in the established practice of the administration of penal law 
in Great Britain. It is a significant fact, that on the trials in Phila- 
delphia and New York, in which the accused were convicted for being 
engaged in carrying out the scheme of recruitments within the United 
States, no such objection as that by which Lord Clarendon would fain 
set aside all the evidence as worthless was interposed or made to ap- 
pear, though some of her Majesty's officers were present at these trials, 
took a deep interest in the defence of the criminals, and were directly 
implicated by the proofs as participants in the oiFence. 

Eepellirig this charge of imitating " despotic institutions," and 
doing wliat is " disdained by all free and enlightened governments," 
it is proi)er to remark that, if it were sustainable, it would not warrant 
the conclusion which Lord Clarendon has deduced from it ; which is, 
that the evidence " will fail to establish any well-founded charge 
against her Majesty's government." It is flir from being certain that 
the measures adopted for obtaining the evidence, even if they had 
been extraordinary and exceptionable, would invalidate it, for it might 
still be of such a character as to carry conviction to the mind of the 
truth of the allegations. 

Should her Britannic Majesty's government see fit to disclose any 
specific objection to the mode by Vvdiich the evidence has been obtained, 
or attem})t in any other way to impeach it, this government will then 
feel called on to vindicate its course, and show its ability to sustain its 
charges by evidence to which no just exception can be taken. Neither 
the promises on which Lord Clarendon founds his argument for set- 
ting aside the testimony against the implicated British officers, nor 
the inference he deduces from them, can be admitted by this govern- 
ment. 

Lord Clarendon must, I think, intend to be understood as impeach- 
ing our neutrality in the present war, though there appears to be 
some indistinctness in his language. In commenting upon so grave 
a charge, coming from so respectable an authority, it is but fair to 
quote his own words: 

"The United States profess neutrality in the present war between 
the Western Powers and Russia; but have no acts been done within 
the United States, by citizens thereof, which accord little with the 
spirit of neutrality? Have not arms and ammunition, and warlike 
stores of various kinds, been sent in large quantities from the L^nited 
States for the service of Russia?" 

It is certainly a novel doctrine of international law, that trafiic by 
citizens or subjects of a neutral power with belligerents, though it 
should be in arms, ammunition, and warlike stores, compromits the 
neutrality of that power. That the enterprise of individuals, citi- 
zens of the United States, may have led them in some instances, and 
to a limited extent, to trade with Russia, in some of the specified 
articles, is not denied — nor is it necessary that it should be, for the 
purpose of vindicating this government from the charge of having 
disregarded the duties of neutrality in the present war. 

Lord Clarendon is most respectfully asked to look on the other side 
of the case. Have the citizens of the United States had no traffic 
with Great Britain, during the present war, in arms, ammunition; 



3i BRITISH RECRUITMENT 

and warlike stores? It must be known to his lordship, for it is a 
matter of notoriety, that our citizens, in their character as individuals, 
have rendered substantial aid to both England and France in the 
l^rosecution of hostilities against Kussia. Though Lord Clarendon 
may have momentarily forgotten, he will readily call to mind the 
fiici, that a large number of our merchant ships have been engaged, 
from the commencement of the war down to this time, in transporting 
troops and munitions of war for Great Britain, from British ports 
either in the United Kingdom or in the Mediterranean, to the Crimea ; 
to say nothing of the numerous American merchant vessels employed 
in conveying troops and munitions of war from the ports of France. 

Private manufacturing establishments in the United States have 
been resorted to for powder, arms, and warlike stores for the use of 
the a,llies, and immense quantities of provisions have been furnished 
to supply their armies in the Crimea. In the face of these facts, open 
and known to all the world, it certainly was not expected that the 
British government would have alluded to the very limited traffic 
which some of our citizens may have had with Kussia, as sustaining 
a solemn charge against tliis government for violating neutral obli- 
gations tov.-ards the allies. Russia may have shared scantily, but the 
allies have undoubtedly partaken largely, in benefits derived from the 
capital, the industrj^, and the inventive genius of American citizens 
in the progress of the war ; but as this government has had no con- 
nexion with these proceedings, neither belligerent has any just ground 
of complai'it against it. 

Lord Ci;ir</ndon further asks, " Have not plots been openly avowed, 
and conspiracies entered into without disguise or hindrance, in various 
parts of the Union, to take advantage of the war in which Great 
Britain is engaged, and to seize the opportunity for promoting insur- 
rection in her Slajesty's dominions, and tlie invasion thereof by an 
armed force proceeding from the United States?" 

This government replies that it has no knowledge or belief what- 
ever of the existence of any such plots or conspiracies. It has only 
seen it stated in English newspapers that a few persons from Ireland 
had congregated together at Boston or in its vicinity, adopted some 
resolutions in relation to the condition of their countrymen at home, 
and made some suggestions in relation to what they regarded as an 
amelioration of the condition of the land of their birtli. It was not 
here considered a noticeable affair, and only became known to any 
member of tliis government by the comments upon it which appeared 
in the British press. On inquiry, it is ascertained that a very few 
individuals were present at that meeting, and it was probably the 
result of the British scheme of recruiting which was at that time 
vigorously prosecuted in Boston. It was a proceeding no more 
noticeable, and far less harmful, than the daily machinations of 
foreign fugitives collected in London against the governments of 
their native countries. Those who assembled in Boston will probably 
rejoice at having effected much more than they anticipated when 
they shall learn that their proceedings have attracted the attention 
of her Britannic Majesty's government, and been regarded as a dis- 
turbing movement against the British dominions. 

If the British government believe that plots and conspiracies are 



IN THE UNITED STATES. 33 

really on foot in any part of the United States, and will furnish any 
clue by which they can be detected, it may be assured that this 
government will act jiromptly and efiiciently in bringing them to 
light, and jnmishing the offenders ; and it will not consider itself in 
any way relieved from doing its whole duty in this respect by what 
has taken place here in reference to recruitments for the British army. 

This government is not less mindful than that of Great Britain or 
France of the many ties and sympathies which connect the people of 
the United States with those two powerful nations, and it will go as 
far and do as much as either to strengthen and cherish those senti- 
ments, in the hope of making them available for all legitimate pur- 
poses to maintain friendly relations, and inci-ease social and commer- 
cial intercourse ; but Great Britain ought not to indulge the expecta- 
tion that those sentiments can be permitted to draw the United States 
over the line which marks their duty to themselves as well as to the 
belligerents^ and all friendly powers. 

It would be an inexcusable perversion of such sentiments if they 
were jx^rmitted to induce this government to pass unnoticed the vio- 
lation of its laws, or to throw open its territories to the recruiting 
officers of any foreign power. 

The expectation tiiat the United States would yield to such preten- 
sions, or forbear to claim redress when such an affront to their sove- 
reign rights had been offered, could only be founded on a belief that 
they v»-ere prepared to abandon their position of strict neutrality, and 
run the hazard of plunging into the struggle which now convulses 
Europe. 

Supported as this government is in the charge made against British 
officers and agents, of having infringed our laws and violated our 
sovereign territorial rights, and being able to sustain that charge by 
competent proof, the President would fail in due respect for the na- 
tional character of the United Staies, and in his duty to maintain it, 
if he did not decline to accept, as a satisfaction for the wrongs com- 
plained of. Lord Clarendon's assurance tliat these officials were en- 
joined a strict observance of our laws, and that he does not believe 
that any of them have disregarded the injunction. 

This government believes, and has abundant proof to warrant its 
belief, that her Britannic Majesty's officers and agents have trans- 
gressed our laws and disregarded our rights, and that its solemn duty 
requires that it should vindicate both by insisting upon a proper satis- 
faction. The President indulges the hope that this demand for 
redress will be deemed reasonable, and be acceded to by her Britannic 
Majesty's government. 

This government has indicated the satisfaction which it believes it 
has a right to claim from the British government in my despatch to 
you of the 15th of July last. 

The President directs you to urge upon her Britannic Majesty's 
government the views contained in that despatch, and to read this to 
Lord Clarendon, and deliver a copy if he should desire it. 
I am, sir, resi)rctfully, vour obedient servant, 

AV. L. MARCY. 

James Buchanan, Esq., dc, ch\, dc. 
Ex. Doc. 35 3 



34 BRITISH RECRUITMENT 

Mr. Buchanan to Mr. Ilai'cy. 

[Extract] 

[No. 99.] Legation of the United States, 

London^ November 2. 1855, 

Sir : * * * * , * * * 

According to tlie appointment mentioned in my last clespatcli, I 
met Lord cTarendon yesterday afternoon at the Foreign Office. After 
some unimportant conversation, I told him that on my return to the le- 
gation on Monday last I found a despatch from yourself on the recruit- 
ment question, which I had heen instructed to read to him, and fur- 
nish him a copy if requested. He said he had also despatches from. 
Washington on the same subject. I then stated that Mr. Crampton 
having promised, in his note of the *7th of September, to address you 
again after hearing from his lordship, I should he glad to know 
whether he had furnished instructions to Mr. Crampton for this pur- 
pose. He told me he had not ; that he had pursued the usual diplo- 
matic course in such cases, in addressing me a note in answer to the 
note addressed by you to Mr. Crampton. I said, Very well ; then your 
note to me of the 21th of September is the answer to Mr. Marcy's note 
to Mr. Crampton of the 5th of that month, and the despatch which I 
was about to read to him was your answer to his note to me of the 
27th of September, To this he assented. 

I then read to him your despatch to me of the 13th of October, to 
which he listened throughout with great apparent attention. After the 
reading he requested a copy, and I delivered him the duplicate which 
you had forwarded. He then asked what was the nature of the satis- 
faction from the British government to which you had referred in 
your despatch just read, I said that the best mode of giving him the 
information was to read to him this despatch of yours to me, which I 
accordingly did, * * "'" * of which he also desired a copy, and 
I promised to furnish it. I had prepared myself to state in conversation 
the substance of what this despatch required from the British govern- 
ment; but having the despatch with me, I thought it better at the 
moment, in order to prevent all misapprehension, to read it to him, 
as it had evidently been prepared Avith much care. I have sent him 
a copy of it to-day. ******** 

I then stated, his lordship would observe that the government of 
the United States had two causes of complaint : the one was such 
violations of our neutrality lav.'s as miglit be tried and punished in 
the courts of the United States ; tlie other — to which I especially 
desired to direct his attention — consisted in a violation of our neu- 
trality, under the general law of nations, by the attem})ts which had 
been made by British officers and agents, not punishable under oiir 
municipal law, to draw military forces from our territory to recruit 
their armies in the Crimea. As examples of this, I passed in review 
the conduct of Mr. Crampton, of the lieutenant governor of Nova 
Scotia, and the British consuls at New York and Philadelphia. 

I observed that, in his note of the 16th July, he had assured me 



IN THE UNITED STATES. 3-5. 

that the individnals engaged in recruiting in tlie United States acted 
upon their individual responsibility, and had no autliority for their 
proceedings from any British officials, by whom their conduct was 
condemned. In addition, he had stated that instructions had been 
sent out to Sir Gaspard le Marchant to stop all enlistments in North 
America. [Yes, his lordship observed^ they were sent out on the 
22d June last.] I said I had expressed the satisfaction which I felt 
in transmitting this note to Mr. Marcy, and was, therefore, sorry to 
say satisfactory proof existed that Mr. Crampton and other British 
officers had before and since been engaged in aiding and countenan- 
cing these proceedings and recruitments. In fact, Wagner had been 
convicted at New York for a violation of our neutrality law, commit- 
ted at so late a period as the 3d of August. 

Lord Clarendon sat silent and attentive whilst I was making these 
remarks, and then took from his drawer several sheets of paper, con- 
taining extracts from a despatch of Mr. Crampton, (received, as I 
understood, by the last steamer,) some of which he read to me._ 

Mr. Crampton emphatically denies the truth of Strobel's testimony 
and Hertz's confession, as well as all complicity in the recruitments. 
I expressed my surprise at this, and sa'id that Strobel's character was 
respectable, so far as I had ever learned, and that his testimony was 
confirmed by several documents implicating Mr. Crampton, which 
had been given in evidence on the trial of Hertz. I told him he 
wou.ld see this on a perusal of the trial itself, of whicli I gave him a 
copy. 

I asked liim whether he intended I should communicate to you my 
recollection of the particular extracts he had read to me from Mr. 
Crampton's despatch. He said he would prefer I should not ; that 
he would examine and sift the subject with great care, and preferred 
to present these to you in his own language. ^ 

In concluding tliis part of the conversation. Lord Clarendon de- 
clared, in a sincere and emphatic manner, that nothing had been 
further from the intention of the British government than to violate 
the neutrality of the United States, or to give them cause of offence. 
He could also declare, in regard to himself personally, that he would 
not act in such a manner towards one of the weakest powers — not 
even towards Monaco — and certainly would not do so towards the 
great and powerful republic of the United States, for_ which he had 
ever entertained the warmest feelings of respect and friendship. 

I presume you may expect, ere long, to hear from Lord Clarendon 
through a note addressed to Mr. Crampton, according to what he says 
is diplomatic usage. 

We afterwards had some conversation about the invasion of Ireland, 
which I have never treated seriously. In regard to the Kussian i)ri- 
vateer alleged to be fitting out at the port of New York, I told him 
that since our last conversation I had seen two gentlemen who had 
just arrived from New York, who assured me they would be likely to 
know or have heard of it were any such steamer building, and they 
treated the report to that effect on this side of the Atlantic as idle 
and unfounded. In reply, he informed me that the fact was substan- 
tiated and the steamer described in a particular manner, which he 



36 BRITISH RECRUITMENT 

detailed, by tlireo depositions wliicli liad been forwarded by tlio British 
consul at New York to Mr. Crampton, who had brouglit the subject 
to your notice, and you had promised to inquire into it. 

Yours, very respectfully, 

JAMES BUCHANAN. 
Hon. WiLLiAJi L. Marcy, 

Secretary of State. 



Mr. Buchanan to BIr. Blarcy. 

[Extract.] 

[No. 101.] Legation of the United States, 

London, November 9, 1855. 

SiH : I had an interview with Lord Clarendon on yesterday, by ap- 
pointment, and shall now report to you, as nearly as I can recollect 
it^ our conversation. After the usual salutations, I said to him: 
" Your lordship, when we last parted, asked me tcf help you to keep 
the peace between the two countries, which I cordially promised to 
do ; and I have come here to-day to make a suggestion to you with 
this intent. 

''You have now learned the j)rompt and energetic action of the 
government of the United States in causing the seizure and examina- 
tion of the vessel at New York which you had learned was intended 
for a Russian privateer. Upon this examination she has turned out 
to be the barque Maury, built for the China trade, and bound to 
Shanghae. The ten iron cannon in the hold and four on deck, to- 
gether with the other arms on board, were designed to furnish arms 
to the merchantmen in the Chinese seas, to enable them to defend 
themselves against the pirates, so numerous in that quarter. The 
time of her sailing had been announced for three weeks in five daily 
journals, and she was to take out four Christian missionaries. So 
satisfactory did the examination prove to be, that Mr. Barclay, the 
British consul, had himself assented to her discharge. 

' ' Your lordship stated to me at our last meeting that the reason 
why the British fleet had been sent to the vicinity of the United States 
was the information you had received that a Russian privateer had 
been built in New York, and was about to leave that port to prey 
upon your commerce with Australia. You have now received the 
clearest evidence, not only that this Avas all a mistake, as I predicted 
at the time it would prove to be, but also that the government of the 
United States has acted with energy and good faith in promptly caus- 
ing the vessel to be seized and examined. Now, my lord, the cause 
having proved to be without foundation, the effect ought to cease, and 
I earnestly suggest to you the propriety of issuing an order to with- 
draw the fleet." 

" The Times accompanied the annunciation that this fleet had been 



IN THE UNITED STATES. 37 

sent, witli tlie most insulting and offensive exposition of tlie reasons 
for this act, and several journals friendly to the present government 
followed in the same spirit. When we take into view the existing dif- 
ference hetween the two governments about enlistments, and the still 
more dangerous questions behind, concerning Central America — all 
of which are well known to the people of the United States — what 
will be the inference naturally drawn by them when the news shall 
first burst upon them ? Will it not be that this fleet has reference to 
these questions^ and is intended as a menace ? I need not say what 
will be the effect on my countrymen. They well know that no reason 
ever existed in point of fact for apprehension on account of Russian 
privateers, and still less, if that be possible, for an expedition to 
Ireland ; and they will not attribute the sending of the fleet to these 
causes. The President, in his message to Congress early in Decem- 
ber, will doubtless present to that body the present unsatisfactory 
condition of the Central American questions ; and it will require the 
cool and clear heads of the public men of both countries to prevent 
serious consequences from these questions. Now, it so happens 
that tlie news of the sending of tlie British fleet will arrive in the 
United States but a short time before the date of the message, and will 
almost necessarily be connected in public opinion with these danger- 
ous questions, thus rendering them more complicated. If you will at 
the present moment, and before we can hear from the United States, 
voluntarily withdraw your fleet upon the principle that the danger 
from Russian privateers, of which you had been informed, did not in 
point of fact exist, and at the same time do justice to the government 
of the United States for having so faithfully preserved its neutrality, 
this would be to pour oil upon the troubled waters, and could not fail 
to produce the best results. You might address a note either to Mr. 
Cram]iton or myself, stating that the fleet had been withdrawn ; and 
I am persuaded that this act of justice would have a most happy 
efi'ect." 

His lordsliip, in reply, said, in substance, (for I will not undertake 
to repeat his very words,) that he thanked me for my suggestion, and 
would take it into serious consideration ; but, of course, he could do 
nothing without consulting the cabinet. Of this, however, he could 
assure me most positively, as he had done at our former interview, 
that nothing could be further from their intention than any, even the 
most remote, idea of a menace in sending out the fleet. Immediately 
after our conversation on Thursday last, he had sent to the Admiralty 
and requested that orders might be issued that the vessels sent out 
should not go near the coasts of the United States. Sir Charles 
Wood and Admiral Berkeley had both informed him that it was 
never their intention that they should approach our coasts, and he 
could assure me that none of these vessels would ever go "puking" 
about our ports. Besides, he said. Sir Charles Wood had informed 
him that but three vessels had been sent out — one to Bermuda, and the 
other two to Jamaica. [I observed this was a mistake, but I would 
not interrupt him.] Ho replied, this was the information he had 
received from Sir Charles. 



38 BRITISH RECRUITMENT 



Lord Clarendon to Mr. Crampton. 

[No. 272.] Foreign Office, 

November 16, 1855. 

Sir : In my despatcli to you, No. 250, of the 2d instant, I enclosed 
tlio copy of a desi)atcli from Mr. Marcy, which had been read to me, 
and placed in my hands by Mr. Buchanan. 

Before I proceed to offer any remarks upon this despatch, it will be 
proper to state that wlien it was read to me by Mr. Buchanan I had 
no cognizance of Mr. Marcy's despatch of the 15th of July to which 
it alludes, and of which a copy was also transmitted to you ; and upon 
my observing this to Mr. Buchanan, he said he had not thought it 
necessary to communicate it to me, as, before it had reached him, he 
had received my note of the 16th of July, which he thought would 
finally settle the question that had arisen between the two governments. 

Her Majesty's government shared the opinion of Mr. Buchanan. 
They did not doubt that the frank expression of their regret for any 
violation of the United States law, w^hich, contrary to their instruc- 
tions, might have taken place, and of their determination to remove 
all cause for further complaint by putting an end to all proceedings 
for enlistment, would have satisfactorily and honorably terminated a 
difference between two governments whose duty it was to maintain 
the friendly relations which have hitherto, and to their great recipro- 
cal advantage, happily subsisted between Great Britain and the 
United States. But as this expectation has been disappointed, and as 
a spirit altogether at variance with it has been manifested by the gov- 
ernment of the United States, her Majesty's government, while they 
fully appreciate the friendly motives which actuated Mr. Buchanan, 
are now disposed to regret that he withheld the despatch of Mr. 
Marcy, as it would have called their attention to proceedings against 
whicli the United States government thought itself called upon to 
remonstrate, and which would at once have been inquired into, as 
her Majesty's government, in a matter which concerned the law of the 
United States, were scrupulously desirous that no just cause for com- 
plaint should arise. 

This despatch, however, of which Mr. Buchanan has given me a 
copy, together with Mr, Marcy's despatch of the 13th of October, 
have now been considered with all the attention that is due to them ; 
and, in conveying to you the opinion of her Majesty's government, I 
shall endeavor to exclude from discussion the subjects which are foreign 
to the question immediately at issue, and which might lead to irrita- 
tion ; and this course will be the more proper as her Majesty's govern- 
ment observe, with satisfaction, that Mr. Marcy's note of the 13th 
October is not framed in the tone of hostility which characterized his 
note of the 5th of September to you. 

It appears that two distinct charges are made against the officers 
and agents of her Majesty's government: 

First. That they have within the United States territory infringed 
the United States law ; and secondly, that they have violated the 



IN THE UNITED STATES. 39 

sovereign territorial rights of the United States by being engaged in 
" recrmting" for the British army within the United States territory. 

Now, with respect to both these charges, I have to observe that the 
information x^ossessed by her Majesty's government is imperfect, and 
that none of a definite character has been supplied by the despatches 
of Mr. Marcy, inasmuch as no individual British officer or agent is 
named, and no particular fact or time or place is stated ; and it is there- 
fore impossible at present to know either who is accused^ by Mr. 
Marcy, or v\dmt is the charge he makes, or what is the evidence on 
which he intends to rely. 

Her Majesty's government have no means of knowing who are the 
persons really indicated by the general words " officers and agents of 
her Majesty's government;" whether such persons as those who 
[have] been under trial are the only persons meant to be charged, or, 
if not, who else is to be included, or what evidence against them is re- 
lied upon by the United States government. 

It is true that you and her Majesty's consuls are personally charged 
in Mr. Marcy's note to you of the 5th of September ; but neither you 
nor they are alluded to m Mr. Marcy's despatch of October 13 to Mr. 
Buchanan, which might not unreasonably have been expected, if it 
really be the intention of the United States government to_ charge 
you or them with being "malefactors sheltered from conviction," 
(to use the official language of the United States Attorney General.) 

They must, therefore, request the United States government to 
make and establish more distinct charges, with proper specification, 
against particular individuals by name ; and that government will, I 
am confident, not deny the justice and the necessity of giving each 
person imjdicated the opportunity of knowing what is alleged against 
himself, and of dealing with the evidence by which the charge may 
be supported. 

I shall accordingly abstain from offering the remarks which a pe- 
rusal of the evidence at the recent trials and the character and con- 
duct of the witnesses have naturally suggested ; nor will I observe 
upon the temper and spirit in which the officers of the United States 
government have throughout proceeded, and which displayed their 
desire rather to influence the public mind against her Majesty's gov- 
ernment, than simply to prove the facts necessary to convict the ac- 
cused parties ; this tone and spirit being the more remarkable when 
it is remembered that the proceedings complained of had been for 
some time definitely abandoned, out of deference to the United States 
government, and that the question to be determined was the charac- 
ter and complexion of acts done many months previously under a 
state of things no longer existing. 

With reference to tlie second charge made by Mr. Marcy — namely, 
that of "violating the sovereign territorial rights of the United 
States, by recruiting for the British army within their territories" — 
I have to observe, that apart from any municipal legislation in the 
United States on the subject of foreign enlistment, or in the entire 
absence of any such legislation, Great^Britain, as a belligerent nation, 
would commit no violation of the " sovereign territorial rights of the 
United States" simply by enlisting as soldiers, ivitkin British terri- 



40 BRITISH RECRUITMENT 

lory, ])ersons who miglit leave tlie United States territory in order so 
to enlist. The violation alleged is the recruiting icitldn the United 
States ; but to assume that there was in fact any such "recruiting/' 
(that is, hiring or retaining by British officers,) is to beg the ques- 
tion. 

It appears to her Majesty's government that, provided only no ac- 
tual " recruiting" (that is, enlisting or hiring) takes place Avithin 
the United States, British officers who, within the United States 
territories, might jjoint out the routes wliicli intending recruits should 
follow, or ex})lain to them the terms upon which they would be ac- 
cej^ted, or ])iibh*sh and proclaim such terms, or even defray their 
travelling expenses, or do similar acts, could not be justly charged 
with violating such sovereign territorial rights. It has been legally 
decided in the United States that the payment of the passage from 
that country of a man who desires to enlist in a foreign port does not 
come within the neutrality law of the United States, and that a person 
may go abroad, provided the enlistment be in a foreign place, not 
having accepted and exercised a commission. 

It Avould, indeed, be a violation of territorial rights to enlist, and 
organize, and train men as British soldiers within the United States — 
and whether or not this has been done by British authority is the 
question involved in the first of Mr. Marcy's charges — but it is de- 
cidedly no violation of such rights to persuade or to assist men mere- 
ly to leave the United States territory and to go into British territory, 
in order, when they arrive there, either to be voluntarily enlisted in 
British service or not, at their own discretion. There can be no ques- 
tion that the men who went to Halifax were free, and not compelled 
to be soldiers on their arrival. Upwards of one hundred Irishmen in 
one body, for instance, if her Majesty's government are rightly in- 
formed, refused to enlist on arriving there, and said they came in or- 
der to work on a railway. They were, therefore, not enlisted, hired, 
or retained as soldiers in the United States : no attempt was made to 
enforce against them any such contract or engagement. 

Mr. Marcy cites no authority for the position he has assumed in re- 
lation to this particular doctrine of the effect of foreign enlistment on 
sovereign territorial rights ; but the practice of nations has been very 
generally adverse to the doctrine, as proved by the numerous instances 
in which foreign troops have been, and still are, raised and employed. 

It cannot therefore be said that Mr. Marcy's doctrine is in accord- 
ance with the general practice of nations ; and high authority might 
be quoted directly adverse to any such doctrine as applicable to free 
countries — " %d)i civitas non career est." But even admitting the al- 
leged doctrine as to the bearing of the principle of territorial sov- 
ereignty, its api)lication must obviously be subject to many limitations 
in practice. 

Her Majesty had (for instance) internationally an unquestionable 
right to recall to her standard displayed upon her own territory those 
of her own subjects capable of bearing arms who might be transiently 
or temporarily resident in a foreign country, and her Majesty Avould 
not thereby incur any risk of violating the " territorial sovereignty" 
of such country. Again: in the case of political refugees driven 



IN THE UNITED STATES. 41 

from their own country, an essentially migratory class, owing a merely 
local and qualified allegiance to the United States, is it to he con- 
tended that to induce such personshy any fair means short of "hiring" 
or enlisting them to leave the United States in order to enrol them- 
selves on British territory as volunteers in a war in which many of 
them feel the strongest and most natural desire to engage, is to violate 
the territorial sovereignty of the United States? 

It is, of course, competent to any nation to enact a municipal law, 
such as actually exists in many countries, forhidding its suhjects to 
leave its territory, hut in such cases " civitas career est;" and it may 
be the duty of other countries to abstain from actively assisting the 
captives to escape from the national ]n-ison in order to serve another 
master ; but the government of the United States has enacted no such 
law — it justly boasts of its complete freedom in this respect, ' ' civi- 
tas non career est ;" all residents therein, whether foreigners or citi- 
zens, are perfectly free to leave its territory without the permission of 
the government, at their own absolute discretion, and to enter the 
service of any other State when once Avithin its frontier.^ To invite 
them or persuade them to do what is thus lawful can constitute no vio- 
lation of the territorial rights, which the sovereign power has never 
claimed or exercised. 

It is moreover to be observed that in this case no United States 
citizens, as far as her Majesty's government are aware, were engaged ; 
both those actually enlisted within the British North American prov- 
inces and those expected were, to the best of our belief, exclusively 
foreigners, and not citizens of the United States. 

Without entering iurther into the discussion of this peculiar doctrine, 
I will only remark that, at all events, it was not proclaimed or insisted 
upon by the United States, either at the commencement of the war, 
or when the desire of her Majesty's government to raise a foreign 
legion was first published, or when a recruiting station was first opened 
at Halifax. 

The United States, therefore, although always and most properly 
insisting on their right and intention to punish violations of their 
municipal law, took no step to proclaim or vindicate the particular 
doctrine now set forth until a very late period of the discussion, and 
after the time for giving eflFect to it had gone by. The charge of 
"violation of sovereign territorial rights" cannot, therefore, in the 
opinion of her Majesty's government, be fairly urged as a separate 
and different charge from that of violation of the municipal law of 
the United States. But the municipal law w^as certainly not violated 
by the orders, nor, as far as they believe, by the ofiicers of her Majesty's 
government; and her Majesty's government and her ]\Iajesty's 
minister at Washington gave reiterated orders to all concerned care- 
fully to abstain from such violation ; and if the British government 
did not purposely cause the United States law to be violated, tlien the 
territorial rights of the United States, wdiatever they may l)e, were 
not, as has been said, intentionally violated by Great Britain " as a 
nation," even if it should be shown that the municipal law of the 
Union was infringed. 

Before I conclude this despatch it may be useful to i3lace on record 



4:1 BRITISH RECRUITMENT 

certain fjicts connected with the question of recruiting in North Amer- 
ica, the correctness of which Avill, I doubt not, be admitted by Mr. 
Marcy ; and I will observe — 

First: That the United States government were from the first per- 
fectly well aware that her Majesty's government were in want of 
recruits and were desirous of raising a foreign legion. 

Secondly: That i)reparations were making to receive recruits in a 
British North American colony for such a legion. 

Thirdly : That lier Majesty's government expected to receive recruits 
there for such a legion from the United States, although, whilst so 
doing, they were anxious not to violate the United States law. 

Fourthly: That many British subjects and foreigners in the United 
States vfcvQ bona field "volunteers," desirous, from various but natural 
and i^owerful motives, to enlist. Numerous offers to raise men within 
the United States were made^ but were consistently and honorably re- 
fused by her Majesty's ministers and consuls, in order to avoid viola- 
ting the United States law. 

Fifthly: That Mr. Marcy was in confidential communication with 
you on the subject for months, without ever, that I am aware of, warn- 
ing you against attempting anything of the kind, or stating that 
the United States would resist or resent it, apart from any question 
of municipal law; thus, in effect, acquiescing, and only insisting that 
the United States law should be respected. 

Sixthly : That as soon as it became apparent that the United States 
government was adverse to the scheme, and that it might lead to vio- 
lations of the United States law, the whole project was abandoned out 
of deference to the United States ; but this conclusive proof of the good 
faith and good will of her Majesty's government has not been noticed 
or appreciated by the government of the United States. 

Seventhly : That the whole question in dispute now turns, not on 
what is doing, or shall or may be done, by her Majesty's government_, 
but on what ivas done many months ago, under a system which is not 
continuing nor about to be revived, and which has been voluntarily 
and definitively abandoned, in order to satisfy the United States, and 
to prevent the occurrence of any just ground for complaint. 

The foregoing facts and considerations, which demonstrate that no 
offence to the United States was offered or contemplated by her 
Majesty's government, may, perhaps, have weight with Mr. Marcy, if 
the matter at issue is to be settled in a manner becoming the govern- 
ments of Great Britain and the United States^ and with a deep sense 
of the responsibility which weighs on them to maintain uninterrupted 
and unshaken the relations of friendship which now exist between 
the two countries ; and her Majesty's government, fully reciprocating 
the feelings of the United States government, expressed in Mr. I^larcy's 
despatch, with regard to the many ties and sympathies which connect 
together the peoi)le of the two countries, do not permit themselves to 
doubt that such further discussions as may take place on this ques- 
tion will be conducted in a spirit of conciliation. 

It only remains for me to state that no enlistment in the British 
service is valid without attestation ; and that, according to British 
laws, a recruit cannot be attested in a foreign country, nor even in 



IN THE UNITED STATES. 43 

the British colonies, without a specially delegated authority for that 
purpose. jSo hinding contract could therefore be made with auy man 
within the United States. Promises might he so made, hut any money 
given to men to enable them to repair to places beyond the United 
States territory for the purpose of being enlisted would be advanced 
at a risk. Nevertheless, if it can be shown that there are persons now 
in the foreign legion who have been enlisted or hired in violation of 
the United \States law as well as of the British law, her Majesty's gov- 
ernment will be prejnxred to offer them their discharge, and to give 
them a free passage back to the United States if they choose to return 
thither. 

You are instructed to read and give a copy of this despatch to Mr, 
Marcy. 

I am, &c., 

CLARENDON. 

John F. Crampton, Esq., rf-c, etc., dec. 



Mr. Marcy to Mr. Buclianan. 

[No. 130.] Department of State, 

Wasliington, December 28, 1855. 

Sir: I liave received from Mr. Crampton, her Britannic Majesty's 
envoy extraordinary and minister plenipotentiary to this government, 
a des])atch addressed to him by the Earl of Clarendon, her Majesty's 
Principal Secretary of State for Foreign Affairs, in reply to my des- 
patch to you of the 13th of October. 

This document has been carefully considered by the President, and 
I am directed to present to you his views thereon, for the purpose of 
having them laid before her Majesty's government. 

It is perceived with deep regret that there exists a very wide dif- 
ference of opinion between this government and that of Great Britain 
in regard to the principles of law involved in the pending discussion, 
and a still wider difference, if possible, as to the material facts of the 
case. 

It is due alike to the serious importance of the question under con- 
sideration, and to the sincere respect entertained for the elevated char- 
acter and position of Lord Clarendon, that opinions and views so 
much in conflict with his should be not merely announced, but sus- 
tained. 

To do this I shall be obliged to occupy much space, and notice sev- 
eral delicate topics ; but, in performing this unavoidable duty, I shall 
refrain, as far as practicable, from any allusion to subjects which may 
lead to irritation ; and I hope to remove the impression from Lord 
Clarendon's mind that my previous despatches have manifested a 
"tone of hostility," and have been framed in a spirit incompatible 
with the duty, which I feel as sensibly ashe can, of maintaining friendly 
relations between the two countries. 

I am quite certain that Lord Clarendon is not aware of the serious 
importance which the United States attach to the question under dis- 



4'^ BRITISH RECRUITMENT 

cussion ; otlicrwisej lie would not have so liarslily cliaracterized tlie 
conduct of tlie United States officers on wliom tlie duty to suppress 
recruiting for the British service was devolved ; nor would he have so 
freely arraigned the motives of this government for requiring some 
satisfaction for what it regards as a great national wrong. 

The variant views of the British government in relation to recruit- 
ing for its armies within the United States render the precise posi- 
tion it intends to maintain somewhat uncertain. 

To present the different aspects in which the two governments view 
the case, and to show the reasons for dissenting from some of the 
statements and the main conclusions contained in Lord Clarendon's 
despatch of the 16th of November, a recurrence to the prominent 
points appears to he indispensable. 

The claim put forth in that despatch, of the right of a foreign bel- 
ligerent power to resort to the territories of a neutral State to recruit 
its armies^ and for that pur})ose to employ such means as he justifies, 
raises one of the gravest international questions which can come under 
consideration. If that right be conceded, then any foreign j^ower can 
justifiably resort to measures for recruiting its armies within the juris- 
diction of this country almost coextensive with those which can be em- 
ployed by this government. 

Before adverting to the conduct of the officers and agents of her 
Majesty's government in recruiting within the territories of the United 
States, it will be necessary, not only to define our own rights, but to 
ascertain the precise limits of British pretensions. 

After the debatable ground shall be clearly ascertained, the range 
of discussion will, it is hoped, be reduced to narrower limits, and the 
probability of an amicable adjustment of the present difficulties in- 
creased. 

When the Parliament of G-reat Britain authorized foreign enlist- 
ments, there was no apprehension here that the United States would 
be resorted to for that purpose. This government had what was re- 
garded as the assurance of her Majesty's government that enlistments 
in this country would not be attempted by British authority unless 
notice was given and its consent obtained. 

While the bill for foreign enlistments was under consideration in 
Parliament, her Majesty's ministers were warned against resorting to 
a measure which would be dangerous to peaceful relations with other 
powers. 

When the Duke of Newcastle, her Majesty's Secretary of War, and 
a member of the cabinet, introduced that bill into the House of Lords, 
lie was asked to state from what country the foreign legion was to be 
obtained, and he replied that the question could not be answered until 
communications were had with foreign governments. No such com- 
munication has ever been made to this government ; but, on the con- 
trary, much was done here, after tlie plan of recruitment was in full 
operation, to allay the suspicion that the British government was in 
anywise connected with it. 

After her Majesty's ministers came to the determination to raise re- 
cruits within the United States, it is much to be regretted that their pur- 
pose, together with the instructions to their agents, was not made 



IN THE UNITED STATES. 45 

known to this government. There is some vague hinguage used in 
the last despatch of Lord Clarendon, Avhich seems to imply that this 
had been done ; hut it is not positively asserted, nor could it he. The 
first intimation which reached this government that recruiting within 
the United States had the sanction of British authority was derived 
from the proceedings which had taken place in executing the plan of 
enlistment. The first step taken by the British government, or any 
of it::- officers, in communicating with that of the United States on the 
subject, was one which implied an assurance that the British govern- 
ment not only had no connexion with, but actually clismuntenancedj 
the scheme of recruiting for the British army, although it subse- 
quently appeared that the proceedings were supervised by British 
officers, and conducted by their agents. This assurance was derived 
from a letter dated the 22d of March, addressed by Mr. Crampton to 
the British consul at New York, and about that time read to me. ■ I 
shall have occasion hereafter to bring that letter under particular 
consideration. 

Without any notification from the British government of such an 
intention, it would have been extremely illiberal to indulge a suspi- 
cion that her Majesty's ministers or officers had been so unmindful of 
what was due to courtesy as to authorize, or even countenance, the un- 
friendly procedure of sending agents into the United States to raise 
recruits for the British army. The offenders against the laws of the 
United States were therefore treated as individuals unconnected with 
the British government, and unsustained by its authority or means ; 
but the judicial proceedings against them soon disclosed facts which 
established a complicity of her Majesty's officers in the British prov- 
inces in this scheme of recruiting Avithin the United States. 

The next stej) in the progress of events was the delivery in May, at 
the Department of State, of a copy of a despatch fro5u Lord Claren- 
don to Mr. Crampton, dated the 12th of April last, relating to that 
subject. This paper demands special attention. It conveyed the 
first distinct intimation that her Majesty's ministers had given in- 
structions for enlistments in the United States, together with the 
fact that to the British minister, Mr. Crampton, had been assigned 
some duty in that service. Lord Clarendon says to Mr. Crampton in 
that despatch: "I entirely approve of your proceedings, as reported 
in your despatch No. 5Y, of the 12th ult., with respect to the pro- 
posed enlistment, in the Queen's service, of foreigners and British 
subjects in the United States." Thus it was brought to light that 
the British cabinet had proposed enlistments in the United States, 
and had employed lier Majesty's envoy extraordinary and minister 
plenipotentiary accredited to this government to aid in t]ie under- 
taking. When this despatch was received at this department, 
Mr. Crampton was in the British provinces. It had direct reference 
to the enlistment, for the Queen's service, of foreigners and British 
subjects in the L^nited States. The object to be accomplished was 
against law; and it is difiicult to conceive what one step Mr. Cramp- 
ton could have taken in furtherance of it without putting at defiance 
an act of Congress which prohibits, in explicit terms and under heavy 
penalties, such a proceeding. 



46 BRITISH RECRUITMENT 

Being satisfieil tliat the government of Great Britain reciprocated 
cur friendly sentiments, and that it woukl not dcliberatel}^ and de- 
signedly authorize proceedings within the jurisdiction of the United 
States in contravention of their laws, this government was disposed 
to believe that there had been some strange misapprehension on the 
subject by her Majesty's cabinet, and that the inadvertent misstep 
would be retraced as soon as it was perceived, with such explana- 
tions to this government as the circumstances of the case seemed to 
require. 

The closing i)art of the despatch alluded to was interpreted as in- 
dicating a consciousness that the British ministers, in authorizing en- 
listments in the United States, had acted at first in utter ignorance 
of the laws of this country; for Lord Clarendon says, "the law of 
the United States with respect to enlistments, however conducted, is 
not only very just but very stringent, according to the report which 
is enclosed in your [Mr, Crampton's] despatch, and her Majesty's 
government would on no account run any risk of infringing this la,w 
of the United States." But, as that risk would be inevitably run if 
the design should be pursued, it was expected that the original 
scheme of recruiting within the United States would be promptly and 
wholly abandoned. 

After the lapse of some time, this government discovered that it 
had looked with a mistaken confidence to a result so much desired. 
Throughout the months of April, May, and June, the business of 
recruitment proceeded upon a wider field, and with increased vigor ; 
it was extended to regions which it had not hitherto reached ; the 
efibrts of our magistrates and tribunals scarcely checked, but could 
not arrest it ; and proofs were daily brought out which show that the 
recruiting business derived vitality and energy from the countenance 
and means allbrded by her Majesty's officers resident in the United 
States and in the adjoining British provinces. 

To arrest the evil, an appeal to the British government, unpleasant 
as such a step was, became necessary, and in tlie early part of June 
you were directed by the President to present the case to the notice of 
the Earl of Clarendon. In your note to Lord Clarendon of the 6th of 
July the case is clearly and ably laid before his lordship, and he is 
assured that this government had reason to believe, and did believe, 
that Brit:sh officers were engaged in carrying out a scheme of recruit- 
ing for the British army within the United States in contravention of 
their Inwr; and sovereign rights ; n.nd you were instructed to ascertain 
from the British government how far these officers had acted with or 
without its approbation, and what measures, if any, had been taken 
to restrain their unjustifia,ble conduct. Lord Clarendon was assured 
that the President would be gratified to learn that her lilajesty's gov- 
ernment had not authorized the proceedings complained of ; that it 
had condemned the conduct of its officials engaged therein ; had visited 
them with its mai'ked displeasure, and taken measures to arrest the 
proceedings complained of. 

The reply to this note deserves particular notice on several accounts, 
but especially for the difference between it and the despatch of the 
IGth of November, now under consideration. 



IN THE UNITED STATES. 47 

In the note of the 16th of July Lord Clarendon seems to admit 
that the restraining effect of the Law of the LTnited States in regard 
to recruiting is such as this government asserts it to be ; hut, by his 
exposition of that law in his despatch of the IGth of November, it is 
bereft of the very stringent character he had before ascribed to it, and 
it is now so construed by him as to afford justification for such acts 
as, in his former note, he conceded to be illegal. 

In the note to you of July, the British government only claimed 
the right to make generally known to British subjects and foreigners 
in the LTnited States, who wished to enter her Majesty's service and 
take i^art in the war, its desire to accept these volunteers, and to re- 
ceive such as should present themselves at an appointed place in one 
of the British provinces. 

That Lord Clarendon intended, in his note of the IGth July, to 
exclude all pretension to a right to publish handbills offering in- 
ducements, and to send agents into the United States for recruiting 
purj^oses, is shown by the following passage: "It can scarcely be 
matter of surprise that, Avhen it became known that her Majesty's 
government was prepared to accept these voluntary offers, many j)er- 
sons, in various quarters, should give themselves out as agents em- 
ployed by the British government, in the hope of earning reward by 
promoting, though on their own responsibility, an object which they 
were aware was favorably looked upon by the British government. 
Her Majesty's government do not deny that the acts and advertise- 
ments of these self-constituted and unauthorized agents were, in many 
instances, undoubtedly violations of the laws of the United States ; but 
such ])ersons had no authority whatever for their proceedings from any 
British agents, by all of whom they were promptly and unequivocally 
disavowed." 

These positions taken by the Earl of Clarendon brought the mat- 
ter to a definite point. This government took issue upon his allega- 
tion that the persons engaged in recruiting in the United States were 
self-constituted, unauthorized agents, whose acts had been disavowed ; 
and it maintained, on the contrary, that the persons performing them 
were authorized agents, and had embarked in that service in con- 
sequence of inducements, stronger than the mere hope of uncertain 
reward, held out to them by British officers ; that they were prom- 
ised commissions in the British army, and some o± them were 
actually received and treated as fellow officers, and as such were paid 
for their services, received instructions from her Majesty's servants 
for the guidance of their conduct while v/ithin the United\States, and 
were furnislied in the same vray with abundant funds for carrying on 
their recruiting operations in this country. The persons engaged in 
the United States in recruiting were, in fact, the agents and instru- 
ments of eminent British functionaries resident here and in the neigh- 
boring British provinces. The numerous judicial investigations and 
trials have brought out a mass of testimony too strong to be resisted, 
implicating these functionaries and sustaining the foregoing allega- 
tions. 

When this state of the case was presented to Lord Clarendon, with 
the designation by name of some of the higher British officers, with 



4il' BRITISH RECRUITMENT 

the assurance by the President tliat the information he possessed 
did not allow him to doubt their participation in the offence a2:ainst 
the laws and sovereign rights of the United States^, his lordship did 
not then call for the evidence, as he has since done, but disposed of it 
by the general declaration " that even the extraordinary measures 
which have been adoj)ted in various parts of the Union to obtain evi- 
dence against her Majesty's servants, or their agents, by practices 
sometimes resorted to under despotic institutions, but which are dis- 
dained by all free and enlightened governments, will fail to estab- 
lish aiiy well-founded charge against her Majesty's servants." 

It is presumed that his lordship's misapprehension as to the char- 
acter of the evidence, and the means by which it was obtained, has 
been since corrected ; because, in his last note he not only calls for the 
names of the British officers implicated, (though some of them had 
been before given,) and the specific charges against them, but for a 
particular statement of the evidence by which these charges are sustain- 
ed, professing to have very imperfect information in regard to the 
matters complained of, although full four months had passed since his 
attention was first called to them by this government. 

The exposition he has given to the statute of the United States 
against recruiting, and the restrictions he has jdaced upon our sover- 
eign rights, show that his views on that subject have been greatly 
modified since his first despatch was written. 

As that law is now construed by him, scarcely any evidence, how- 
ever obtained, or whatever be its character, will be sufficient to im- 
plicate any one in the offence of recruiting within the United States. 

If the views of Lord Clarendon as to that law and the sovereign 
rights of the United States can be maintained, the territories of this 
country are open, almost without restriction, to the recruiting opera- 
tions of all nations, and for that purpose any foreign power may sus- 
tain a vigorous competition with this government upon its own soil. 

This government does not contest Lord Clarendon's two propositions 
in respect to the sovereign rights of the United States — first, that, in 
the absence of municipal law, Great Britain may enlist, hire, or en- 
gage, as soldiers, within the British territory, persons who have left 
the United States for that purpose ; (this proposition is, however, to 
be understood as not applying to persons who have been enticed away 
from this country by tempting offers of reward, such as commissions 
in the British army, high wages, liberal bounties, pensions, and por- 
tions of the royal domain, urged on them while within the L^nited 
States^ by the officers and agents of her Majesty's government ;) and sec- 
ondly, no foreign power has a right to ''enlist and organize and train 
men as British soldiers within the United States." The right to do 
this Lord Clarendon does not claim for his government; and whether 
the British officers have done so or not is, as he appears to under- 
stand the case, the only question at issue, so far as international 
rights are involved, between the two countries. 

In his view of the question as to the rights of territory, irrespective 
of municipal law, Lord Clarendon is understood to maintain that her 
Majesty's government may authorize agents to do anything within 
the United States, short of enlisting, and organizing, and training 



IN THE UNITED STATES. 49 

men as soldiers for the British army, with perfect respect to the sove- 
rei.i^n rights of this country. 

This {)roposition is exactly the reverse of that maintained by this 
government, which holds that no foreign power whatever has the 
right to do either of the specified acts without its consent. No for- 
eign power can, by its agents or officers, lawfully enter the territory 
of another to enlist soldiers for its services, or organize or train them 
therein, or even entice persoris away in order to be enlisted, without 
express permission. 

This, as a rule of international law, was considered so well settled 
that it was not deemed necessary to invoke the authority of publicists 
to su}){)ort it. I am not aware that any modern writer on interna- 
tional lav.^ has questioned its soundness. As this important principle 
is controverted by Lord Clarendon, and as its maintenance is fatal to 
his defence of British recruiting here, I propose to establish it by a 
reference to a few elementary writers of eminence upon the law of 
nations: 

•'Since a right of raising soldiers is a right of majesty which can- 
not be violated by a foreign nation, it is not permitted to raise sol- 
diers on the territory of another without the consent of its sore- 
reign. ' ' — Wolfius. 

Vattel says, that "the man who undertakes to enlist soldiers in a 
foreign country without the sovereign's permission, and, in general, 
whoever entices away the subjects of another State, violates one of the 
most sacred rights of the prince and the nation." He designates the 
crime by harsher names than I choose to use, which, as he says, "is 
j)uni.shed with the utmost severity in every well regulated State." 
Vattel farther observes, that " it is not })resumed that their sovereign 
has ordered them [foreign recruiters] to commit a crime ; and sup- 
])osing, even, that they had received such an order, they ought i>ot to 
liave obeyed it ; their sovereign having no right to command what is 
contrary to the law of nature." 

Hautefeuille, a modern French author of much repute, regards 
permission (and accjuiescence implies ])ermission) by a neutral j)ower 
to one belligerent, though extended to both, to raise recruits in it>s 
territories, unless it was allowed in peace, to be an act of bad faith^ 
which compromits its neutrality. 

There can be no well founded distinction, in the rule of interna- 
tional law, between raising soldiers for a belligerent's army and 
sailors for its navy within a neutral country. Hautefeuille says, "the 
neutral sovereign is under obligation to prohibit and prevent all levy- 
ing of sailors upon its territory for the service of the belligerents." 
Again he says, " the neutral must prohibit, in an absolute manner, 
the levying of sailors upon its territory to complete a ship's company 
reduced by combat, or any other cause." 

"The prohibitions to engage sailors on the territory of a pacific 
prince must extend to foreigners who are found in the ports of his 
jurisdiction, and even to those who belong to the belligerent nation 
owning the vessel that wishes to complete its crew, or ship's com- 
pany." 

Ex. Doc. 35 4 



5(K BRITISH RECRUITMENT 

Eeference to other writers might be made to sustain the position 
contended for by this government, and to overthrow that advanced by 
Lord CLarendon, but the authority of those presented is deemed suf- 
ficient tor tliat piir])o.se. 

This view of the law on the subject was pT-esented to Parliament 
wlien the foreign-enlistment bill was under debate. On that occasion 
Lord Stanley said that the object proposed by it was " to resort to a 
practice which, for the last hundred years, the opinion of European 
statesmen had not hesitated to condemn." 

This is the docirine on the subject of recruiting soldiers and sailors 
by belligerents on neutral soil, wliich this government maintains, and 
insists uj)on applying to the present case. 

There is another view of territorial rights which Lord Clarendon has 
not distinctly brought out, but which has a direct bearing upon the 
question under consideration. The extent of a nation's sovereign 
rights depends, in some measure, upon its municipal laws. Other 
powers are bound, not only to abstain from violating such laws, but 
to respect the policy of them. The British officers who set in opera- 
tion the scheme for recruiting in this country, which resulted in 
numerous acts against its law, being beyond its jurisdiction, did not, 
by such a proceeding, expose themselves to the penalties denounced 
by that law ; but they violated its policy, and their acts, if done in 
obedience to the orders of their government, or in carrying out its 
purposes, involved that government in responsibility for their con- 
duct. It is the sovereign right of every independent State, that all 
foreign powers shall abstain from authorizing or instigating their 
officers or agents to do that, even within their own dominions, which 
would, as a natural or very probable consequence, lead to the contra- 
vention of the municipal laws of such State. Some of the i)roceed- 
ings by British oliicers and agents, in regard to recruiting within the 
United States, though conducted beyond the limits thereof, were con- 
sidered by this government an infringement of their sovereign rights, 
and constituted one ground of remonstrance to her Majesty's govern- 
ment. 

But Lord Clarendon's exposition of the municipal law of the United 
States, in respect to recruiting therein, has created much more sur- 
prise than the restrictions he has laid on the sovereign rights of this 
country. 

If I do not misconceive his meaning, Lord Clarendon's interpreta- 
tion nearly annuls the clause in the act of Congress which prohibits 
enlisting within the United States for foreign service, and thus leaves 
to British officers and agents full liberty to do almost anything for 
that purpose. 

He says " that no enlistment in the Brkish service is valid without 
attestation, and that, according to British laws, a recruit cannot be 
attested in a foreign country, nor even in the British colonies, without 
a specially-delegated authority for that ])urpose." 

The otiier provisions of the law, which forbid hiring or retaining 
persons within the United States to go beyond the limits thereof, for 
the |)urpose of enlisting in foreign service, are reduced to the same 
imbecility by a similar course of reasoning. Lord Clarendon says : 



IN THE UNITED STATES. 61 

*''No binding contract could, therefore, be made with any man witbin 
tbe United States — promises might be so made ; but any money given 
to men to enable them to repair to places beyond the United States 
territory for the purpose of being enlisted, would be advanced at a 
risk." 

In order to prevent misconception as to Lord Clarendon's views on 
this subject, and to show that the inferences here deduced from them 
are correct, I add another extract from his despatch of the IGth of 
November : 

" There can be no question that the men who went to Halifax were 
free, and not compelled to be soldiers on their arrival. Upwards of 
one hundred Irishmen in one body, for instance, if her Majesty's 
government are rightly informed, refused to enlist on arriving there, 
and said they came in order to work on a railway. They were there- 
fore not enlisted, hired, or retained, as soldiers in the United States : 
no attempt was made to enforce against them any such contract or 
engagement. 

Lord Clarendon, it is true, uses language in other parts of that 
despatch which seems to admit that enlisting into ibreign military 
service within the United States, or hiring or retaining persons to 
leave the United States to enlist into such service, would be a vio- 
lation of the United States neutrality law ; but this admission amounts 
to nothing, when taken in connexion with his definition of the terms 
enlisting, hiring, or retaining. In his view, as I understand it, each 
act must be the result of a valid contract. If the persons are not 
bound, when they have left the United States, to perfect their enlist- 
ment, then there has been no violation of the United States law. 
Such a contract made in the United States, being expressly prohibited 
by law, would, of course, be void. I think this conclusion is fairly 
deduced from Lord Clarendon's language, or rather, is his own con- 
clusion, stated by him in a different manner. 

This government cannot concur in these views. They deprive the 
law of the United States of all stringency, and render it a dead letter. 
The earlier opinion ot Lord Clarendon in regard to that law is the 
one which this government strenuously maintains. 

In his despatch of the 12th of April, to whicli I have already re- 
ferred, he admits " that the law of the United States with respect to 
enlistment, however conducted, is not only very just, but veiy strin- 
gent ;" but, as I understand his latter opinion, the law imposed very 
little restraint upon the British officers and agents who embarked in 
the scheme of recruiting in this country ; it left them with all the 
liberty they had occasion to use for their purpose ; they could jjenc- 
trate every part of the country ; open rendezvous in any city ; pub- 
lish handbills, ornamented with the emblem ot England's royalty, 
presenting every inducement for enlisting which a United States 
officer engaged in recruiting troops for his own government could 
offer ; and yet, in doing all these tilings, they would comply with the 
stringent instructions — so often repeated to them, and now so much 
relied on for their justification — not to violate the United States law 
of neutrality. 

Under the construction given by her Majesty's government to that 



52 BRTTISn RECRUITMENT 

law, the injunction not to violate it could have had very little signifi- 
cance, and is not admitted hv this government as an available excuse 
ibr Avliat was done hy her Majesty's officers and agents. 

After the most dtdibeiate and respectful consideration of Lord Clar- 
endon's views, in IiIh despatcli of the 16t]i of November, as to the 
sovereign rights of the United States, the effect of their neutrality law, 
and the conduct of the British officers and agents in carrying out the 
scheme of recruiting, this government is constrained to diifer most 
widely from them all. 

It cannot but regard the original design, which had the sanction of 
the British cabinet, as a dangerous measure, which should not have 
been adventured on without the consent of this government. The 
sclieme for carrying out that design, which, it is presumed, was devised 
in the United States or the British provinces, was framed in an utter 
disregard of the act of Congress, and almost every step in the pro- 
gress of executing it was attended by the transgression of that law. 

The reasons offered by Lord Clarendon for not having acted, on the 
complaint of this government, against the British officers who were 
en<''a""ed in recruiting within the United States, and the })recedent 
condition to be performed before that complaint will be attended to, 
deserve particular consideration. Lord Clarendon says "they (her 
Majesty's ministers) must, therefore^ request the United States gov- 
ernment to make and establish more distinct charges, with proper 
specilications against particular individuals by name ; and that gov- 
ernment wnll, 1 am confident, not deny the justice and the necessity of 
,Tivin<i- each person implicated the opportunity of knowing what is al- 
leged against himself, and of dealing with the evidence by which the 
charge may be supported." 

In your note to Lord Clarendon of the 6th of July, the charges, as 
well as the designation of persons, were less distinctly presented than 
in the despatches subsequently laid before her Majesty's government ; 
vet in Lord Clarendon's reply to that note he did not object to the 
charges for being indefinite, or to the designation of the persons im- 
ulicated for uncertainty. He did not deny that the United States law 
had been violated, but insisted that it had been done by self-consti- 
tuted and unauthorized persons, for whose acts British officers were 
not responsible. 

In my despatch of the 5th of September, addressed to Mr. Cramp- 
ton the charges were repeated with more distinctness^ and Mr. 
Crampton himself and Sir Gaspard le Marchant were both named. 

Lord Clarendon appears to have understood that her Majesty's con- 
suls in some of the cities of the Union were included in the charge 
against British officers resident within the United States. Nothing 
was said in Lord Clarendon's reply to my despatch of the 5th Sep- 
tember, concerning his imperfect information on the subject, or his 
uncertainty as to the persons complained of; nor did he then call for 
the evidence by which the participation of the British officials in the 
infraction of the law of the United States was to be established ; but 
he set aside the whole ot the evidence by the sw-eeping allegation^ 
that the practices resorted to for obtaining it rendered it incompetent 
"to establish any well-lounded chargeagainst her Majesty's servants." 



IN THE UNITED STATES. 



6^ 



The ground taken in July — that the persons engaged in recruiting, 
who had violated the law "of the United States, were self-constituted 
and unauthorized agents — is abandoned in his despatch of November, 
In the latter it is not denied that these persons have acted under the 
authority of the British government; hut her Majesty's ministers now 
propose to give their attention to the demand of this government for 
redress, if it will make and establish more distinct charges, with 
proper specifications, against particular individuals by name. (.^)uite 
as much, and, indeed, more than is usual, has been done in this case 
in specifying charges and indicating the persons implicated. The 
despatches from this government in the possession of the Britisli min- 
isters made such disclosures as to the infringement of the law and 
rights of the United States, and as to the British officers and agents 
concerned therein, as called for a full investigation of the subject by 
her Majesty's government. Such an investigation on its part was, in 
the opinion of the United States, due to the friendly relations of the 
two countries, and would have been in strict conformity to established 
usage; but that government has remained apparently inactive, and 
is, it seems, disposed so to remain until the American Secretary of 
State shall name the individual persons accused, describe the particu- 
lar acts performed by each, with specification of time, place, and the 
evidence relied on to sustain the charges ; until the proceedings shall 
assume, as it were, the form, and be conducted hy the legal rules, of a 
criminal trial, in which the government of the United States is to pre- 
sent itself as the prosecut-or and the accused as the defendants. 

It is believed that such a course is unprecedented in diplomacy, and 
is a dangerous departure from that hitherto pursued in similar cases. 
If generally adopted, it would introduce a new element of discord into 
international intercourse, which could not fail to disturb the peace of 
nations, and would inevitably lead to a protracted controversy, en- 
gendering at each step in its progress hostile feeling between the 
parties. 

Though the example of this government may not be much regarded, 
I will refer to an instance of a recent date, in a matter of less grave 
importance, but of similar character to that under discussion, as 
illustrating the course which, in the opinion of rhis government, should 
havel>een pursued in this case. Not long since her Majesty's minis- 
ter, Mr. Crampton, represented to this government that the barque 
Maury was being fitted out in the port of New York as a privateer 
to depredate upon the commerce of the allies. The evidence, if it 
could be called such, to support the charge, consisted of affidavits de- 
tailing loose rumors, and some circumstances about her equipment 
which justified a bare suspicion of an illegal })urpose. If there could 
be a case which would warrant the course suggested by her Majesty's 
ministers in respect to the complaint of tbis government against 
British recruitments within the United States, it would be that of the 
barque Maury ; but the President, without the slightest hesitation or 
delay, ordered proceedings to be instituted against that vessel and 
against all persons who sliould be found to be implicated. All the 
alleged causes of suspicion were immediattily investigated, and the 



54 BRITISH RECRUITMENT 

result, whicli showed the utter groundlessness of the charges, was 
l)roniptly communicated to her Majesty's government. 

If tin's government, acting upon the rule now prescrihed in the case 
Oi ]>ri{isli recruitments in this country, had replied to that of Great 
Britain, on the complaint against the harquelMaury, that inasmuch as 
Mr. Crampton had not made any definite charge ; had not named the 
persons accused, with a precise statement of their acts or when and 
where done, or produced the evidence on whicl;i he intended to rely to 
support his allegations, so that the persons concerned might have an 
opportunity to deal Avith it, nothing would he done, no step would 
he taken, until these preliminary matters shouhl have been attended 
to : wouhl such a reply in the case of the Maury have been what her 
Majesty's ministers might have expected ; would it have been deemed 
courteous or friendly to the British government ? 

Lord Clarendon may be well assured that such a re])ly, in the case 
of the Maury, would have been quite as satisfactory to her Majesty's 
government as is his reply to this government in relation to its re- 
monstrances and complaint against British recruitments within the 
United States. 

Until this government was apprized by Lord Clarendon's despatch 
of the 16th of November of the position adverted to in regard to its 
complaint with reference to that proceeding, it indulged a confident ex- 
pectation that her Majesty's ministers would take the usual course in 
such cases. The grounds of the complaint were fully disclosed ; the 
offence clearly stated ; some of the British officers named, and others, 
with moi'e than usual precision, indicated. Sufficient information 
was given to diiect their inquiries, but her Majesty's government has 
refused to do more than offer to pass on the issues which maybe made 
between this government and those officers, after the pleadings and 
proofs are laid before them, as prescribed in Lord Clarendon's de- 
spatch. 

For most controlling reasons, which, on reflection, will readily oc- 
cur to Lord Clarendon, this process of litigating the case is declined. 

So far as respects the British officers and agents, whose acts in 
carrying out the project of recruiting in disregard of law were per- 
formed beyond the limits of the United States ; and, also, those 
persons wlio acted within those limits, but have since left the country, 
nothing further remains to be done. This result is deeply regretted: 
the sense of wrong which led this government most reluctantly to 
present their conduct to the consideration of her Majesty's govern- 
ment, as a violation of the law and rights of the United States, sur- 
vives the hope of redress. 

Before I present the President's views in respect to other British 
functionaries wlio are im[)licated, and who now hold official positions 
here by the consent of the Executive, it seems to be pi'0])er that other 
parts of the desjuitch of the lOthof November should be particularly 
noticed. 

In that despatch Lord Clarendon has subjected to unfair suspicion 
the purpose of this government in seeking redress, and insisting upon 
it iiiU'v the proceedings comidained of have ceased, and, as he alleges, 
by the interposition of the British government. 



IN THE UNITED STATES. 



55 



The circnmstances whicli led to the abandonment of the recruiting 
scheme will be adverted to hereafter. 

This act is regarded by her Majest^^'s government as a favor for 
which the United States are not sufficiently grateful. If it be a favor, 
then the recruiting, carried on as it was by British authority in the 
United States, was'the exercise of a right. The application was niade 
to her Majesty's government to discontinue recruiting by its officers 
because it was"^ a national offence. This government cannot receive the 
mere suspension of wrong-doing, even if unintentional, as a favor, and 
consequently does not consider Lord Clarendon's reflection upon it 
for not so receiving it as at all deserved. As the proceedings for raising 
recruits for the British service in this country resulted from instruc- 
tions to her Majesty's officers here and in the British provinces, issued 
by the ministers of the crown for that express purpose, the order to 
discontinue them is regarded as a mere act of justice, but in no re- 
spect a satisfaction for a past injury. 

This government asked, as a part of the satisfaction due to it from 
Great Britain, that the men who had been enticed, contrary to law, 
from the United States into thp British provinces, and there enlisted 
into her Majesty's service, should be discharged. A casual reading 
of Lord Clarendon's despatch of the 16th of November may conrey 
an impression that this demand has been acceded to ; but such is not 
its true import. The language of that fiespatch is as follows : " If 
it can be shown that there are persons now in the foreign legion who 
have been enlisted, or hired, in violation of the United States law, as 
well as of British law, her Majesty's government will be prei)ared to 
offer them their discharge." The offer is not to discharge tliem if it 
be shown that they were enlisted or hired in violation of the law of 
the United States. That fact would be of no avail, unless^ it were 
shown that they were also enlisted or hired in violation of British 
law. This is no concession whatever to the government of the United 
States ; for, if the men were enlisted or hired contrary to the law of 
•Great Britain, no antecedent transaction within the United States 
would strengthen their just claim to be discharged. The single fact 
of having been enlisted or hired in violation of the United States 
law would not be available under this offer, unless the further fact 
be shown that the enlistment was also in violation of the British law. 

Notwithstanding the illegal means which were used to entice or de- 
coy them to leave the United States for the purpose of being enlisted 
into the British foreign legion, their subsequent enlistment in the 
British provinces would be valid according to the British law. Under 
this offer by Lord Clarendon, probably not one of the many hundred 
men who were induced, contrary to law, to leave the United States 
and to go to the British provinces, and were there enlisted, could ob- 
tain his discharge, either on his own application or on that of this 
government. This offer of her Majesty's minister does not, there- 
fore, in any respect, meet the demand of this government.^ 

L(ud Clarendon has placed on record "certain facts"— seven in 

number— the correctness of which he says he does not doubt will be 

.admitted by me. After duly considering them, I am constrained to 

say there is scarcely one of them, bearing on the merits of the case 



66 BRITISH RECRUITMENT 

under discussion, which I can admit without essential modifications. 
Some of them I shall make the suhject of remark. One of these 
alle.ired facts, or ratlier statements, which I cannot omit to notice, is, 
" tliat as soon as it hecame apparent that the United States g;overn- 
ment was adverse to the scheme, and tliat it mi^ijlit lead to violations 
of the United States law, the project was abandoned out of deference 
to the United States;" and he adds an expression of regret that 
"this proof of good faith and good will of her Majesty's government 
has not been noticed or appreciated by the government of the United 
States." 

If the fact on which Lord Clarendon relies for the proof of good 
faith and good will shall be shown to be essentially different from 
what he conceives it to be, he will understand the cause why this 
government does not a])preciate it as he does. 

In a question of this kind, dates are important. When did it be- 
come a])parent that the United States government was averse to the 
recruiting scheme, and hoAv soon thereafter was it abandoned ? 

I hope to be able to convince Lord Clarendon that they were not 
contemporaneous events ; that far the greatest number of objectionable 
acts committed by the British officers was performed long after this 
government had, in the most public and emphatic manner, reprobated 
the recruiting project ; atter prosecutions had been pending for months 
against the agents of British officers, witli the lull knowledge ol' these 
officers, and also, as it was fair to presume, with the knowledge of 
their government. 

Mr. Crampton's intercourse with these recruiting agents com- 
menced in January. On the 4th of February he notified Strobel and 
Hertz, by a note addressed to each, that he was then able to give 
them precise instructions on the subject alluded to in a previous per- 
gonal interview ; and there can be no doubt that the subject alluded to 
was, recruiting within the United States. That scheme did not sig- 
nificantly develop itself in our principal cities until the month of 
March. Immediately thereupon, the United States government mani- 
fested the most decided, unequivocal, and public demonstration of 
averseness and resistance to it. Their attorney at New York was in- 
structed to suppress enlistment in that city, and prosecute those en- 
gaged in it. 

On the 23d of March he called upon the United States marshal for 
his assistance and co-o])eration, and addressed to that officer a letter 
containing a copy of the United States law against foreign recruiting 
within their jurisdiction, stating that "the government is determined 
to execute the laws to their fullest extent." In that letter he em- 
ployed the following language: "I wish you to use such means as 
may be at your command to })revent any violations of the laws of the 
United States which are passed to preserve our neutrality." 

On the succeeding day this letter was published in the journals of 
the city of New York of the widest circulation, and shortl}^ thereafter 
in the "Washington Union," and throughout the country. 

Numerous arrests of persons charged with enlisting men for the 
British service were made in March ; their examinations before the . 
magistrates were published at that time in the newspapers of the 



IN THE UNITED STATES. 57 

country; their cases were laid before £>;rancl juries, and indictments 
found against them. Not only in New York, hut at Boston, Philadel- 
phia, and other places, the most vigorous efforts were publicly made 
by the federal officers, acting under instructions of the United States 
government, to arrest these recruitments for the British service and 
bring the offenders to justice. No local transaction was ever more 
generally known or more freely animadverted on. It provoked much 
excitement against the persons engaged in it ; and had it then been 
known that they were in fact employed by officers in eminent military 
and civil positions in her Majesty's service, under instructions from 
their government, it might have been difficult to restrain public in- 
dignation within proper limits. 

The landing of the "first instalment of the foreign legion," as 
it was called, from the United States at Halifax, was chronicled with 
much exuberance of joy in the Halifax Journal of the 2d of April, 
As that is a British journal, in the interest of her Majesty's govern- 
ment, and published where Sir Gasi)ard le Marchant, the governor of 
Nova Scotia, who is implicated in the scheme of recruiting, resides, 
and where the main depot for receiving the men thus enlisted was 
situated, I will make one or two extracts from its article of the 2d of 
April : 

" The brig America arrived from Boston on Friday, with the first 
instalment of trooi)s for tlie foreign legion, amounting to seventy ; 
most of them are Hungarians and Germans. They were landed at 
the Queen's wharf, and marched up to the military hospital, followed 
by an immense throng of citizens, who were anxious to have a peep 
at them." 

For the ])urpose of showing that the active opposition of this gov- 
ernment to the enlistment scheme at that early day was notorious, 
not only through the lengtli and breadth of this country, but in her 
Majesty's North American provinces, and to the British officials who 
had set the scheme on foot, and were superintending its execution, I 
direct attention to the extract from the same article in the Halifax 
Journal which contained the foregoing announcement of the arrival 
of the "first instalment " at Halifax: "Brother Jonatlian," says 
that journal, "is making a great fuss about this I'oreign legion, and 
is using all kinds of })roclamations to prevent the shipping of re- 
cruits, &c., threatening to arrest parties engaged. He is a very 
smart I'ellow, but Bluenose is sometimes too much for him. They 
would like to lay hands on Mr. Howe, but he is so slippery they can- 
not catch him." 

This state of things — this ])ublic excitement — the obvious fiict that 
vigorous measures had been taken by this government to })ut a stop 
to this scheme of recruiting for the British army, so widely known 
here ,in March, could not but have been well known in England by 
the middle of April ; and if the recruiting project was abandoned as 
soon as the aversion to it by this government was manifested, it should 
have ceased in that montli. Such, however, was not the I'act. Was 
it abandoned in the succeeding months of May or June? Through 
both of these months the recruiting agents swarmed more numerously 
than at any previous time in various parts of the Union, and the 



if BRITISH RECRUITMENT 

scheme was never prosecuted more vigorously than at that period. 
Mr. Crampton spent nearly all the month of May in the British 
provinces in forwarding that scheme, though he must have been 
aware as early as Marcli of the fact that the British recruiting agents 
had been prosecuted by the United States. 

The disclosures on tlie examination and trial of the offenders first 
brought to light the information which rendered it quite certain that 
British officials had instigated these recruitments ; that the agents 
employed were engaged by them, and were plentifully sujiplied with 
means for carrying on the service. 

No abatement of the efforts to execute the scheme, except what was 
fairly attributable to the criminal proceedings against some of the 
recruiters, Avas visible when you Avere directed in my despatch of the 
15th of July, as you had been in that of the 9th of June, to call the 
attention of her Majesty's government to the subject. No knowledge 
of the abandonment of the scheme was received here until the 4th of 
August. 

More than four months before it was known here that there was 
any intention to suspend the scheme, this government had, in the 
most public manner, signalized its utter repugnance to the proceed- 
ings under it ; and nearly two months before any notice of such in- 
tention was received here, instructions were sent to you to remon- 
strate against it, and to claim satisfaction for the part which British 
officers had taken in the perpetration of this international offence. 

I have presented this detail of facts to sliow the reasons why I can- 
not admit, as the Earl of Clarendon assumes I would, the correctness 
of his statement, " that as soon as it became ai)parent that the United 
fStates government was averse to the scheme, and that it miglit lead 
to violations of the United States law, the whole project was abandoned 
out of deference to the United States." 

The President cannot adopt the opinion of Lord Clarendon, that 
the question between the two countries has shrunk into the narrow 
limits he has assigned to it. It is true, the scheme is at length 
abandoned, and this government accepts his assurance that it is not 
about to be revived ; but the right to revive it, and to carry it out to 
the same extent as heretofore, is held in reserve. If nothing more is 
to be done, the United States are left without indemnity for the past 
or security for the future ; and they will be understood as assenting 
to principles which have been once resorted to, and may be again, to 
lay open their territories to the incursions of the recruiting agents of 
any belligerent that may have occasion to augment its military force. 

Another of the facts put on record by the Earl of Clarendon, which 
he assumes I will admit to be correct, is, " that Mr. Ma.rcy was in 
confidential communication with you [Mr. Crampton] on the subject 
for months without ever, that I am aware of, warning you against 
attem})ting anything of the kind, or stating that the United States 
would resist or resent it, apart from any question of municipal law ; 
thus, in effect, acquiescing, and only insisting that the United States 
law should be respected." 

It gives me pleasure to say, that my intercourse with Mr. Crampton 
has been intimate, friendly, and perhaps it may be regarded as 



IN THE UNITED STATES. 69 

having been in some degree confidential. I resisted the evidence 
tending to implicate him' in the recruiting project until it became 
too powerful to be any longer withstood. Scarcely anything could 
have occurred more painful tome than to be obliged, by a high sense 
of duty, to controvert in any way, or even to qualify, a statement 
which it is fair to presume has had his sanction. The charge im- 
putes to me official delin(|uency, but I shall notice it only on account 
of its direct bearing upon the merits of the case under discussion. If 
I gave him no warning beyond insisting upon the observance of the 
United States law, it was because I had not at that time any knowl- 
edge of the extent of the recruiting scheme. _ He had satisfied me 
that his government had no connexion with it, and was in no way 
responsible for what was doing in the United States to raise recruits 
for the British army. The first intimation that I had been misled m 
this respect reached me while Mr. Crampton was absent in the Brit- 
ish provinces, shortly before my despatch of the 9th of June was 
sent to vou. 

It is not for me to raise the question whether Mr. Crampton has 
or has not complied with his instructions to have " no concealment" 
with me on the subject, but I am quite certain that on no occasion 
has ho intimated to me that the British government or any of its offi- 
cers was, or had been, in any way, concerned in sending agents 
into the United States to recruit therein, or to use any inducements 
for that puri)0se; nor did he ever notify me that he was taking, or in- 
tended t(j take, any part in furthering such i)roceedings. Such a com- 
munication, timely made, would, probably, have arrested the mischief 
at its commencement. 

Very soon after the first development of the recruiting operations 
here, Mr. Crampton read to me a letter, dated the 22d of March, ad- 
dressed by him to the British consul at New York, the contents of 
which I here insert: 

"I have received your letter of the 20th instant, [March,] enclosing 
a printed handbill, signed Angus McDonald, and informing me that 
the said McDonald states to you that he has issued it by the authority 
of her Majesty's government 

"I have to state to you, that Angus McDonald has no authority 
from her Majesty's government for the issue of the handbill in ques- 
tion, or for hiring or retaining any person in the United States to go 
beyond the limits of the same with intent to be enlisted in her Majes- 
ty's service. 

" This would constitute an infraction of the neutrality laws of the 
United States, (act of Congress of 1818, section 2 ;) and her Majesty's 
government, however desirous they may be to obtain recruits for the 
British army, are still more anxious that the laws of the States with 
which her Majesty is at peace should be respected." 

I regarded this act of Mr. Crampton as a disavowal by the British 
government, as well as by himself, of all participation in the recruit- 
ing proceedings, then just commenced within the United States. 
Lord Clarendon ought not to believe that Mr. Crampton was more 
communicative to me than he had been to his own government. As 
late as the 16th of July last, after the orders for abandoning the 



W BRITISH RECRUITMENT 

scheme had been issued, L:^rd Clarendon was in utter ignorance that 
a single agent had ever been sent into the United States, or employed 
therein, for the purpose of recruiting for the British array. This is 
proved hy the following extract from his despatch of that date : 

"Her Majesty's government do not deny that the acts and adver- 
tisement of these self-constituted and unauthorized agents were in 
many instances undoubted violations of the law of the United States ; 
but such ])ersons Jiad no authority whatever for their proceedings 
from any British agents, by all of whom they were promptly and un- 
equivocally disavowed." 

Lord Clarendon seems not to be aware of a fact which interrupted 
for at least a month, in the busiest season of recruiting, all communi- 
cation whatever between Mr. Crampton and myself. 

Not long after Mr. Crampton read to me his letter to Mr. Barclay, 
which satisfied me, at that time, that her Majesty's government had 
not only no connexion with the recruiting then going on in the United 
States, but discountenanced and condemned it, he left Washington, 
went to the British provinces, and did not return hither until the 
early part of June. He made no disclosures to me after his return in 
regard to the object of his visit to the provinces. What he did in 
furtherance of the recruiting scheme during this month's absence 
was but imperfectly known until about the time of Hertz's trial, and 
I am not indebted for this knowledge to any communication from 
Mr. Crampton. If the opportunity afforded by any " confidential 
communication" between Mr. Crampton and myself was not turned 
to a good account, and blame is imputable to either, it certainly does 
not attach to me. Mr. Crampton could not have been ignorant of 
what is now established beyond doubt, that a scheme for raising 
troops for the British service, within the United States, had been ap- 
proved and adopted by her Majesty's government ; that authorized 
agents, furnished with instructions and pecuniary means, and stimu- 
lated by the promise of commissions in the British army, and other 
tempting rewards, had been employed to induce persons to leave this 
country, and go into the British provinces, for the express purpose of 
entering into the British service ; and that many were prevailed on to 
do so, had embarked for Halifax free of expense in vessels em})loyed 
by British authority for that purpose, and, on arriving at Halifax, 
had enlisted and been enrolled in the British foreign legion. 

It is with reluctance that I perform the duty of bringing into view 
Mr. Crampton'sconnexion with some of the agents who were employed 
in carrying out the recruitment system, and who have, in doing so, 
violated the law and sovereign rights of this country. 

The intercourse between Mr. Crampton and Mr. Hertz, who was 
convicted in September last for violating the neutrality law of the 
United States, is established by Mr. Crampton's two letters to Hertz — 
one dated the 27th of January, and the other the 4th of February, 
1855. Tlie originals of both, in the handwi-iting of Mr. Crampton, 
were })roduced to the court at the trial of Hertz. In the latter Mr. 
Cram]>ton says: "With reference to our late conversation, 1 am now 
enabled to give you some more definite information on the subject to 
which it related." 



IN THE UNITED STATES. 61 

This connexion being established, it is allowable to allude briefly to 
Hertz's account, verified by his oath, of what took place between him- 
self and Mr. Crampton in relation to recruiting in this country. 
Nothing is known of Hertz which can affect his veracity, except the 
fact tha^ lie was engaged in recruiting for the British army within the 
United States contrary to law, and has been convicted for that offence. 

Hertz says, " All that I did in procuring and sending men to Hali- 
fax for the foreign legion was done by the advice and recommenda- 
tion of Mr. Crampton, Mr. Howe, and Mr. Matthew ; I was em- 
ployed by Mr. Howe, and acted as his agent, with the knowledge and 
approbation of Mr. Crampton and Mr. Matthew ; Mr. Matthew 
knew of both the expeditions I sent; he approved and encouraged 
me in sending them away ; he encouraged me by his advice and coun- 
sel, and in giving me money to send them away." 

Mr. Max F. 0. Strobel acted a more conspicuous part than Mr. 
Hertz, and his conduct in the aflFair under consideration requires to be 
more fully traced. In the statement here presented in regard to his 
proceedings and connexion with British officers, and among them 
wath Mr. Crampton, I intend to rely almost entirely upon original 
documents in possession of this government. I do not mean, how- 
ever, by this restriction, to cast the slightest doubt upon the credi- 
bility of Mr, Strobel. 

Mr. Crampton's letter to Mr. Strobel was dated on the same day 
(February 4) as that addressed to Hertz, and is expressed nearly in 
the same terms. 

After Mr. Strobel's interviews with Mr. Crampton in Washington, 
he embarked in the recruiting service, and suddenly rose to the rank 
of "captain of the first company of the foreign legion." He went 
with a detachment of recruits, raised in Philadelphia, to Halifax ; 
was exultingly received into fellowship with the military and civil 
officers of the highest position in her Majesty's service there stationed; 
was invited to partake of the hospitalities of "his excellency Sir 
Gaspard Ic Marchant," of "Colonel Clark, and the ofiicers ot the 
seventy-sixth regiment;" and of "Colonel Fraser, Colonel Stotherd, 
and the officers of the royal artillery and royal engineers ;" and the 
original cards of invitation, addressed to him, were produced on 
Hertz's trial. 

After such an endorsement of his character, it would seem tliat the 
testimony of Captain Strobel, even if uncorroborated, should com- 
mand confidence. 

Mr. Strobel, who had then acquired the rank of "captain of the 
first company in the foreign legion," and Mr. Crampton were 
again brought together at Halifax, and were engaged there for some 
time in making further arrangements for recruiting within the United 
States. 

Original documents, now in possession of this government, show 
that there can be no mistake as to the object of Mr. Crampton's visit 
to Halifax, and that it had special regard to recruitments in the 
United States for the British service. 

Bruce McDonald, who appears to have been a secretary in the 
executive department of Nova Scotia, addressed a letter to "Captain 



62 BRITISH RECRUITMENT 

StroLel, first company foreign legion," dated "Provincial Secre- 
tary's office, 3d May, 1855," in these words: 

"Dear Sir: I am directed by bis Excellency the Lieutenant 
Governor to introduce to you the bearer, Lieutenant Kuntzel. He 
comes with a letter to Sir Gaspard from Mr. Crampton. You will 
please explain to him the steps necessary for him to take to secure a 
commission." 

On the 13th of May, the second or third day after Mr. Crampton's 
arrival at Halifax, J. W. Preston, lieutenant of her Majesty's 76th 
regiment, who had charge of the clepot at Niagara for the reception 
of recruits sent from the United States, wrote to Captain Strobel as 
follows : 

" My dear Strobel : I am directed by the general to acquaint you 
that Mr. Crampton wants to see you, at his house, at 10 o'clock to- 
morrow morning ; be punctual. If you like, come up to my room at 
half-past 9 o'clock, and we will go together," 

These letters corroborate Captain Strobel's statement, that Mr. 
Crampton, while at Halifax, was engaged about the recruiting 
business within the United States. He afterwards went with Captain 
Strobel to Quebec, for the same purpose. 

Passing, without comment, the plan for recruiting, which Strobel 
says was ])rei)ared at the request of Mr. Crampton, and approved by 
him and Sir Gas])ard le Marchant, I propose to offer some remarks 
upon the instructions furnished by Mr. Crampton, while in the prov- 
inces, to the recruiting agents who were to go to "Buffalo, Detroit, 
or Cleveland," " to make known to persons in the United States the 
terms and conditions upon which recruits will be received into the 
British service." This paper will be found, with the letters referred 
to, in Hertz's trial. Its genuineness, I presume, will not be ques- 
tioned. It is framed with great adroitness, and, as it may be resorted 
to for a defence of Mr. Crampton's conduct, it is entitled to a careful 
consideration. 

These instructions show that the persons sent into the United 
States to raise recruits therein for the foreign legion were authorized 
agents of British officers, and received directions for the guidance of 
their conduct from her Majesty's minister to this government. It is 
thought to be unreasonable in this government to complain of any of 
her Majesty's officers, because the agents thus employed were " en- 
joined carefully to refrain from anything which would constitute a 
violation of the law of the United States." A similar injunction to 
the agents first employed was also contained in the directions which 
preceded the instructions issued by Mr. Crampton in May ; and he 
well knew how utterly it had been disregarded by them. As his 
visit to the British provinces had special relation to the recruiting ser- 
vice, it cannot be presumed that he was uninformed of what had 
then hap})ened to those agents in Philadelphia, New York, and 
Boston, through which cities he passed on his way to Halifax. 
This government had, as early as March, ordered prosecutions 
against the recruiting agents in those cities for having violated the 
law of the United States ; many had been arrested for that offence, 
and against several of them grand juries had found bills of indict- 



IN THE UNITED STATES. 63 

ment. Instead of disconnecting himself from the proceedings which 
had led to this disastrous result, Mr. Crampton went to Halifax and 
Quebec to make further arrangements for sending other recruiters 
into the United States. He could have had no sufficient reason to 
believe that those who received fresh instructions, however cautiously- 
devised, would pay any more regard to his injunction not to violate 
the law of the United States than Hertz and others had done. His 
experience of the past should have deterred him from renewing the 
experiment. As these instructions were furnished to many agents, 
they doubtless were framed with a view to bear a critical inspection, 
and, in case of emergency, to be adduced as proof to show that 
special regard was intended to be paid to the United States neutrality- 
law. They will, however, hardly answer that purpose. There can 
be no doubt that these revised instructions were intended to impress 
the recruiting agents with the expediency of greater circumspection 
in their business, but it is evident that the motive for this caution had 
much more respect for the success of the recruiting project than for 
the United States law. This is apparent from the following para- 
graph of these instructions : 

"7. It is essential to success that no assemblages of persons should 
take place at beer-houses, or other similar places of entertainment, for 
the purpose of devising measures for enlisting; and the parties should 
scrupulously avoid resorting to this or similar means of disseminating 
the desired information, inasmuch as the attention of the American 
authorities would not tail to be called to such proceedings, which 
would undoubtedly be regarded by them as an attempt to carry on 
recruiting for a foreign power within the limits of the United States; 
and it certainly must be borne in mind that the institution of legal 
proceedings against any of the parties in question, even if they were 
to elude the penalty, would be fatal to the success of the enlistment 
itself." 

Though the last instructions are a restriction upon tlie construc- 
tion which Lord Clarendon has given to the law and rights of 
the United States, they would, even if literally observed, infringe 
both. This government maintains that in every instance where a 
person, whether a citizen or a foreigner, has been brought to the de- 
termination to leave this country for the purpose of entering into a 
foreign service as a soldier or sailor by any inducements offered by 
recruiting agents here, the law of the United States has been violated. 

There certainly can be no doubt of the violation of the law of the 
United States in every case where one party, the recruit, has been in- 
duced by the terms offered to him actually to leave the United States 
for the purpose of entering into foreign military service, and the 
other i)arty has furnished the means and borne the expense of taking 
him to a foreign depot in the expectation that he would consummate 
the act by an enlistment. It will not, I presume, be denied that 
several hundred cases of this kind actually occurred in carrying out 
the scheme of British recruitment. The very design of employing 
agents for such a purpose, to act within the limits of the United States, 
involved in its consequences an infringement of that law. 

It is the solemn duty of the government of the United States to 



64 BRITISH RECRUITMENT 

maintain this construction of their neutrality law, and the attempt to 
set up and sustain a different one has created much surprise ; that it 
has heen done hy a friendh^ government, with which the United States 
are most anxious to maintain and strengthen the relations of amity, 
is the cause of deep regret. 

When the President presented the case to the consideration of her 
Majesty's government, with the assurance that he had such informa- 
tion as compelled him to believe that British officers, in eminent 
stations, were im])licated in a scheme which had resulted in an 
infringement of the rights of the United States and a violation of 
their law, and asked for some satisfaction for the wrong, he certainly 
did not expect that the conduct of these officers would be justified 
upon principles which impair the sovereignty of the United States as 
an independent nation, and by an interpretation of their law which 
makes it entirely ineffective for the purposes intended. 

Some satisfaction for the injury was confidently expected, but 
nothing that can be regarded in that light has been offered; and this 
government is compelled, in vindication of its rights and laws, to 
take a course which it sincerely hoped her Majesty's government 
would have rendered unnecessary. 

Her Majesty's minister to this government, Mr. Crampton, has 
taken a conspicuous part in organizing and executing the scheme for 
recruiting for the British army within the United States. Were it 
possible, with due regard to the evidence and disclosures in the case, 
to assign him a subordinate part in that scheme, even that would not 
allow the President to change the course which he is obliged, under 
the circumstances, to pursue towards him. Any participation in the 
project, as it has been developed, of raising recruits in this country 
for the British service, was incompatible with his official relations to 
this government. His connexion with that affair has rendered him 
an unacceptable representative of her Britannic Majesty near this 
government, and you are directed by the President to ask her Majes- 
ty's government to recall him. 

Mr. Rowcroft, the British consul at Cincinnati, and Mr. Matthew, 
the British consul at Philadelphia, are implicated in the recruiting 
project, and you are further directed by the President to ask for their 
removal for that cause. 

The persons connected with the British consulate at New York 
have been actively engaged in furthering the recruiting scheme. Mr. 
Stanley, the assistant or clerk of the consul, has taken a more open 
and effective part than the consul himself, and is now under an in- 
dictment for violating the law against foreign recruiting. The con- 
sul, Mr. Barclay, could not but know of Mr. Stanley's conduct in 
that matter, but he still retains him in the consulate. Besides the 
responsibility that rightfully attaches to Mr. Barclay for the improper 
conduct of an employee in his office and under his immediate and 
daily observation, this government is satisfied that he has himself not 
only favored the recruiting for the British army, but has ])articipated 
in it. Moreover, the improper conduct of Mr. Barclay in the case of 
the barque Maury has justly given offence to the commercial com- 
munity in which he resides and with which he has official connexion. 



IN THE UNITED STATES. 65 

For these reasons this government deems it proper to instruct you 
to ask the government of Great Britain to withdraw Mr. Barclay 
from the post of British consul at New York. 

You are directed by the President to read this despatch to the Earl 
of Clarendon, and, should he desire it, to hand him a copy. 

The copies of the original documents to which I have referred are 
contained in Hertz's trial. I send you herewith an authentic report 
of that trial,_ which you will offer to Lord Clarendon as a document 
connected with this despatch. I also send herewith a copy of the 
proceedings of the Chamber of Commerce in the city of New York 
relative to Mr. Barclay's conduct in the case of the barque Maury. This, 
also, you will present to Lord Clarendon, as furnishing one ground 
for the request herein made for the withdrawal of Mr. Barclay. 
I am, sir, respectfully, your obedient servant. 

W. L.MARCY. 

James Buchaxan, Esq., dc, dc, &c. 



Mr. Buchanan to Mr. 3Iarcy. 
[Extract.] 

Legation of the United States, 

London, February 1, 1856. 

Sir : I had an interview, by appointment, on Tuesday last, with 
Lord Clarendon at the Foreign Office. After some preliminary con- 
versation on the subject of the approaching peace with Russia, I in- 
formed liim I had come on pur})ose to read to him your despatch to 
me of the 28th ultimo, (December,) in reply to his"despatch to Mr. 
Crampton of the 16th November last. Before proceeding to this, 
however, I expressed my desire to correct an error, or rather an omis- 
sion, in his report of a remark made by myself, contained in his de- 
spatch to Mr. Crampton. He said he " would be very sorry if any 
such error had been committed by him ; that nothing certainly was 
further from his intention." I replied that I had not the most remote 
idea he had done this intentionally, and I had no doubt it was a mere 
inadvertence ; but still, it was proper for me to correct it. I then 
read to his lordship the following paragraph from his despatch to 
Mr. Crampton of the 16th November : 

" Before I proceed to offer any remarks upon this despatch, (your 
No. 118, of the 13th October,) it will be proper to state that when it 
was read to me by Mr. Buchanan, I had no cognizance of Mr. Marcy'a 
despatch of the 15th July, to which it alludes, and of which a copy 
was also transmitted to you ; and upon my observing this to Mr. Bu- 
chanan, he said he had not thought it necessary to communicate it to 
me, as, before it had reached him, he had received my note of the 
16th July, which he thought would finally settle the question that 
had arisen between the two governments." 

I then observed that his lordship's omission consisted in nothavine 
Ex. Doc. 35 5 



66 BRITISH RECRUITMENT 

added the qualifications wliicli I made at the time to this remark, that 
when I received your despatch of the 15th July I had not the least 
idea of Mr. Crampton's complicity in the husiness of recruiting. (In 
trutli, I never had until I received your private letter of the 2d Sep- 
tember.) His lordship said he "did not recollect that I had made 
this remark at the time ; though this was quite probable, as he did 
recollect I had previously informed him, more than once, when 
speaking in reference to the satisfaction I had expressed in transmit- 
ting to you his note to me of the 16th July, that I had no idea 
at the time of Mr. Crampton's complicity in the affair." I stated 
it was quite certain I had made tliis remark to him at the time. I 
had always been on my guard in conversing with him on the subject, 
from the time I first heard from you of Mr. Crampton's alleged com- 
plicity. He said he had no doubt I was correct in my recollection ; 
and I told him that in this I could not be mistaken, not only because 
my memory was distinct, but because I had made notes of our con- 
versation soon after it occurred. He said^ for his own part, he never 
had time to make such notes, and repeated he had no doubt my 
statement was correct, and expressed his regret that he had not em- 
braced my remark in his despatch to Mr. Crampton, but observed that 
he did not see its importance. I told him it might, possibly, be of 
some consequence to myself, and I had ever considered Mr. Cramp- 
ton's complicity in the affair a matter of very grave importance. I 
then mentioned that in other respects his statement was not altogether 
correct, and I repeated to him the language which I had employed 
on the occasion, as follows : 

" I did not deem it necessary to communicate this despatch (that 
of the 15th July) to your lordship until I should hear from Mr, 
Marcy on the subject of your note of the 16th July, which I thought 
at the time would finally settle the question, because I had not then 
the least idea of Mr. Crampton's complicity in the business of recruit- 

-i -|-| fy '' ^ ^ -K 'T^ '(» ^^ 'I* 

Yours, very respectfully, 

JAMES BUCHANAN. 



IN THE UNITED STATES. 



ATTORNEY GENERAL'S REPORT TO THE PRESIDENT. 



Attorney General's Office', 

Fehruarij 21, 1856. 
In answer to that part of tlie resolution of tlie Senate of the 25tK 
instant, which calls for evidence and documents to show the connexion 
of agents and officers of G-reat Britain with the alleged violation of 
the laws and sovereign rights of the United States, the Attorney Gen- 
eral has the honor to lay before the President a copy of a correspond- 
ence and accompanying documents^ with the attorneys of the United 
States for the district of Massachusetts, the southern district of New 
York, the eastern district of Pennsylvania, and the southern district 
of Ohio ; and also a transcript of his official opinion of the 9tli of Au- 
gust, pursuant to the President's order of the 6th of August last. 

C. GUSHING. 
To the President. 



List of papers accompanying the report of the Attorney General to the 
President, of February 27, 1856. 

The President of the United States to the Attorney General, August 
6, 1855. 

Mr. Gushing to the President, August 9, 1855. 
Mr. McKeon to Mr. Marcy, March "^22, 1855. 
Mr. Gushing to Mr. McKeon, March 23, 1855. 
Mr. McKeon to Mr. Gushing, March 24, 1855. 
Mr. McKeon to Mr. Gushing, October 16, 1855. 
Mr. McKeon to Mr. Gushing, October 17, 1855. 
Mr. Gushing to Mr. McKeon, October 20, 1855. 
Mr. McKeon to Mr. Gushing, November 1, 1855. 
Mr. Gushing to Mr. McKeon, December 8, 1855. 
Mr. McKeon to Mr. Gushing, December 11, 1855. 
Mr. Gushing to Mr. Van Dyke, March 26, 1855. 
Mr. Van Dyke to Mr. Gushing, March 29, 1855. 
Mr. Van Dyke to Mr. Gushing, September 10, 1855. 
Mr. Gushing to Mr. Van Dyke, September 12, 1855. 
Mr. Gushing to Mr. Van Dyke, September 17, 1855. 
Mr. Van Dyke to Mr. Gushing, September 27, 1855. 
Mr. Gushing to Mr. Van Dyke, September 28, 1855. 
Mr. Gushing to Mr. Van Dyke, December 18, 1855. 
Mr. Van Dyke to Mr. Gushing, December 19, 1855. 
Mr. Gushing to Mr. Jewett, December 8;, 1855. 
Mr. Jewett to Mr. Gushing, December 18, 1855. 
Mr. Gushing to Mr. Jewett, January 10, 1856. 
Mr. Gushing to Mr. Hallett, December 8, 1855. 
Mr. Hallett to Mr. Gushing, December 24, 1855. 
Mr. Gushing to Mr. Hallett, January 17, 1856. 



68 BRITISH RECRUITMENT 

Executive Mansion, 

Wasliinrjton, August 6, 1855. 
The reports of tlie district attorneys of the southern district of 
New York and the eastern district of Pennsylvania, on the sulrject of 
the levy of troops in the United States by official or other agents of 
Great Britain, are returned herewith to the Attorney General, and 
his opinion is required upon the question, whether or not the acts 
reported are in violation of the municipal law and of the national 
sovereignty and neutrality ; and especially upon the question, what 
legal responsibility, if any, those acts devolve on the British minister 
and British consuls. 

FEANKLIN PIERCE. 



Attorney General's Office, 

August 9, 1855. 

Sir: I have the honor to submit herewith the considerations of law 
applicable to the enlistment of troops within the United States by the 
British government, in so far as the facts appearing in the documents 
before me concern the personal action either of the British minister 
or of the British consuls in the United States. 

There is no room for doubt as to the law regarding the general 
question. 

In the first place, the act of Congress of April 20th, 1818, contains 
the following provision : 

" Sec. 2. And he it further enacted^ That if any person shall, within 
the territory or jurisdiction of the United States, enlist or enter him- 
self, or hire or retain another person to enlist or enter himself, or to 
go beyond the limits of, or jurisdiction of the United States, with intent 
to be enlisted or entered into the service of any foreign prince, state, 
colony, district, or people, as a soldier, or as a marine or seaman on 
board of any vessel of war, letter of marque, or privateer, every per- 
son so offending shall be deemed guilty of a high misdemeanor, and 
shall be fined not exceeding one thousand dollars, and be imprisoned 
not exceeding three years. (3 Stat, at Large, p. 448.) 

Of course, as the levy of troops v/ithin the United States for foreign 
service is forbidden by law, no such right has, by Executive permis- 
sion, been given to Great Britain. To the contrary of this^ the Brit- 
ish government vvas expret;sly notified, by letter of Mr. Marcy to Mr. 
Crampton of April 28th, 1854, that no enlistments in the United States 
would be permitted either to Great Britain or to Russia. (Ex. Doc, 
1st session 33d Congress, vol. xii. No. 103, p. 5.) 

In the second place, independently of the municipal relations of the 
acts in question, they constitute, whether they be the acts, of the 
British government or of its minister and consuls, a violation of the 
sovereignty and of the neutral rights of the United States. 

The rule of public law is unequivocal on this point, and is correctly 
stated as follows, by Wolf: 

" Since the right of raising soldiers is a right of majesty, which 



IN THE UNITED STATES. 69 

must not be violated by a foreign nation, it is not permitted to raise 
soldiers on the territory without the consent of its sovereign." {Jus 
Gentium, s. 1174.) 

By Vattel: "As war cannot be carried on without soldiers, it is 
evident that, whoever has the right of making war, has also naturally 
that of raising troops. The latter, therefore, belongs likewise to the 
sovereign, and is one of the prerogatives of majesty." (Vattel, Droit 
des Gens, iii. 3, cli. ii, p. 293.) 

"As the right of levying soldiers belongs solely to the nation or 
the sovereign, no person must attempt to enlist soldiers in a foreign 
country without the permission of the sovereign ; and, even with that 
permission, none but volunteers are to be enlisted; for the service of 
their country is out of the question here, and no sovereign has a 
right to give or sell his subjects to another. 

" Whoever undertakes to enlist soldiers in a foreign country with- 
out the sovereign's permission, and, in general, whoever entices away 
the subjects of another state, violates one of the most sacred rights 
of the prince and the nation. Tliis crime is distinguished by the 
name of kidnapping or man-stealing, and is punished with the utmost 
severity in every well-regulated state. Foreign recruiters are hanged 
without mercy, and with great justice. It is not presumed that their 
sovereign has ordered them to commit a crime ; and supposing even 
that they had received such an order, they 'ought not to have obeyed 
it ; their sovereign having no right to command what is contrary to 
the law of nature." * * * "But if it appears that they acted 
by order, such a proceeding in a foreign sovereign is justly considered 
as an injury, and as a sufficient cause for declaring war against him, 
unless he makes suitable reparation." (Vattel, Droit des Gens, 1, iii, 
ch. ii, p. 298.) 

By Kluber : "A state entirely neutral has the right to exact, even 
by force, if necessary, that belligerent powers do not use its neutral 
territory for the purposes of war ; that they take not therefrom muni- 
tions of war, and provisions and other immediate requirements of war, 
for their armies ; that tliey do not make there any military prepara- 
tions, enrolments or collections of troops ; that none of their troops, 
armed or unarmed, pass through, &c., &c. ; that they exercise there 
no act of hostility against the persons or property of the subjects of 
the hostile state ; that they do ndt occupy it militarily, or make it 
the theatre of war." {Droit des Gens 3Ioderne de V Europe, s. 285.) 

By Gr. F. do Martens: "Whilst, in case of rupture between two 
nations, a neutral state preserves the full enjoyment of its territorial 
riglits, it can, in the absence of treaties, prohibit during the war, as 
in time of peace, any passage or sojourn of foreign troops, and much 
more forbid the occupation of its fortresses, the recruiting, mustering 
and exercising troops ; and it may use force against those who shall 
attempt to violate the prohibition." {Precis du Droit des Gens, s. 350.) 

By Galiani : "All governments are accustomed to forbid, under 
capital penalty, any foreigner to make military engagements or re- 
cruits ivithin their territory ; in doing which they do no more than to 



TO BRITISH RECRUITMENT 

sustain and defend a natural riglit. and one inlierent in every sove- 
reignty. * * 

" The neutral sovereign who leaves his subjects at liberty to engage 
themselves in the service of a foreign belligerent, will not therein be 
wanting to his neutral duties, provided it has been customary with 
his nation ; if it has been usual in time of peace ; if it accords with 
the physical and political condition of the country ; if, in tine, he 
practises indifference and impartiality, not denying to one belligerent 
what he concedes to the other. But if a sovereign has not been ac- 
customed to allow his subjects to enlist in the military or naval ser- 
vice of other governments, it may well be doubted whether he may, 
for the first time, do it on the occurrence of war between two states, 
each of which is in amity with him. I am not prepared to say that 
in so doing he gives equality of advantage and facilities to both ; for 
there might be inequality in the need of the belligerents ; for perhaps 
one of them, stiff ering from defcie7icy of men, icoidd derive precious and 
poicerfid succor from such perwis.stoji, while to the other it tcoidd he 
useless and superfluous. In my opinion, therefore, this question comes 
within the general rule of essential neutral duties : that is, to continue 
in the anterior condition, it being lawful to persevere in what has 
been usual, but unlawful to innovate." (Dei Boveri de' Principi Neu- 
trali, p. 325, 327, 329.) 

By Hautefeuille : " Tl^e duties of belligerents may be summed 
lip in very few words. The belligerent ought to abstain from the 
employment of all such indirect means to molest his enemy as, in 
the accomplishment of their object, w^ould first injuriously affect a 
neutral nation. He ought to respect, in the most complete and abso- 
lute manner, the independence and sovereignty of nations at peace : 
in a word, he ought to treat them in the same manner as if the most 
profound peace continued to prevail. Those nations, in fact, are at 
peace with him, fulfilling strictly their duties of neutrality ; they 
have the right to enjoy the advantages of their position, and to be ex- 
empt from all the evils of war ; the duty of the belligerent is to abstain 
from the infringement of this right. Thus neutral territory ought to 
be held sacred and inviolable by nations at war ; these last ought not, 
on any pretext, nor in any manner, to make use of such territory to 
subserve their purposes of hostilities, directly or indirectly. The pas- 
sage of armed troops, the levying of soldiers, &c., &c., without the 
consent of the sovereign, would constitute an offence against^ the 
sovereignty of the neutral, and a violation of the duty of the belliger- 
ent." (Droits et Devoirs des Nations Neidres, tom. i, 312, 313.)^ 

" As to the territory of neutral nations, the occurrence of hostilities 
makes no change nor modification of their rights : they remain invio- 
lable as in time of peace. Their territory ought, then, to be sheltered 
from all enterprises of the belligerents, of whatever nature they may 
be. The consequences of war ought never to be felt by them directly ; 
that is to say, no act of hostility should be committed against them, 
imder any pretext, 

"Belligerent nations, in this respect, have only the rights they 
possessed in time of peace, because war never injuriously affects na- 
tions at peace. Belligerents cannot, then, in any case, without the 



IN THE UNITED STATES. 71 

permission of tlie sovereign, use neutral territory, I do not say 
directly, for the operations of war; but cannot even make use of it for 
any advantage whatever, to the prejudice of their enemy. This per- 
mission cannot be granted to them bv the neutral without violating: 
his duties. 

" The principle of the inviolability of the territory being admitted, 
the conclusion, as absolute as the principle itself, follows : that a bel- 
ligerent has no right to use neutral territory, in any manner what- 
ever, without the permission of the neutral nation, sovereign of such 
territory ; and cannot, therefore, levy troops there, and march armies 
through it, &c., without this permission. 

" The neutral has the incontestable right to resist every attempt the 
belligerent may make to use his territory ; to oppose it by all the 
means in his power, and even by force of arms, in the same manner as 
a citizen has the right to defend his property by all the means placed 
at his disposal by the law to which he is subject." (Ihid, tom. ii, pp. 
48, 49.) 

I do not perceive that this doctrine is explicitly produced in any one 
of the books of international law published during the last few years 
in Great Britain. Possibly their silence on this point may be caused 
by the policy of their country, which, under the kings of the house of 
Hanover, has frequently relied upon foreign recruits in time of war. 
However this may be, some of the English works referred to recognise 
the right of every sovereignty to the exclusive use of its own territory 
and resources, (Wildman's International Law, vol. i, p. 64.) but 
without adverting to the present logical consequence of this right ; 
although one of them discusses fully the collateral question, whether 
a state loses its neutrality by permitting foreign levies, and concludes 
properly, that, if it be permitted to one, it should be permitted to each 
of the respective belligerent powers. (Manning's Law of Nations, 
bk. iii, ch. i.) 

In this connexion the same accredited English writer considers and 
confutes the assumption, crudely and erroneously taken up in Great 
Britain, that some doctrine to the contrary of this is to be found in 
Vattel ; and, upon an elaborate review of the whole subject, he con- 
cludes thus : 

"Foreign levies may not be allowed to one belligerent, while re- 
fused to his antagonist, consistently with the duties of neutrality. 
When treaties, antecedent to war, permit such exclusive privilege, 
then * * no complaint of breach of neutrality can be maintained by 
the excluded party. But, when no antecedent treaty exists, such a 
permission would be a violation of neutrality, the principles of which 
demand the strictest abstinence from assistance to either party, and, 
of course, will not admit that exclusive privileges, in so important a 
particular, should be granted to one belligerent. Nor have the cus- 
toms of Europe, derived from the practices of the middle ages, estab- 
lished any usage that prevents this question from being settled in 
accordance with the dictates of reason, or, in other words, with the 
law of nature." (Manning, ibid, p. 180.) 

Mr. Manning's reasoning is conclusive so far as it goes. And the 
imperfection of other English law books in this respect is of no ac- 



72 BRITISH RECRUITMENT 

count, as against the general authority of the expounders of interna- 
tional law in all the rest of Christendom. 

Misconstruction has also hecn phiced on the fact tliat Bynkershoek 
maintains the right of private or vohmtary expatriation, even for the 
purpose of foreign military service. But he does not express or coun- 
tenance the thought that a foreign helligerent may recruit sokliers in 
a neutral country without the consent of its sovereign. On the con- 
trary, he exhibits in full the legislation of the United Provinces, ac- 
cording to whicli it was a capital offence to make enlistments in the 
country without consent of the States General. (Quced. Jur. Fuhlici, 
lib. i, c. 22.) 

Besides, Great Britain has, in her own legislation, sanctioned and 
adopted the rule of puhlic law, by enacting that if any person what- 
ever, within the United Kingdom, or in any part of the dominions of 
Great Britain, shall hire, engage, retain or procure, or shall attempt 
or endeavor to hire, retain, engage or procure any person whatever 
to enlist, or to enter or engage to enlist, as an officer, soldier^, sailor, or 
marine, either on land or sea service, for or under or in aid of any 
foreign prince or government,.or to go or agree to go or embark from 
any place in the British dominions for the purpose or with the intent 
to be so enlisted, entered or engaged as aforesaid, every person so 
offending shall be deemed guilty of a misdemeanor, punishable by 
fine or imprisonment at the discretion of the court having jurisdiction 
of the act. (Act of 59 Geo. Ill, ch. 69.) 

"We, in the United States, acting in the sense of natural right, and 
following the rules of public law as explained by the jurists of conti- 
nental Europe, asserted and established this doctrine at a very early 
period, in opposition to the undertaking of the French government, 
through its minister, M. Genet, to man or equip cruisers Avithin the 
United States. (Mr. Jefferson to M. Genet, June 17, 1793 — American 
State Papers, For. Aff., vol. i, p. 154.) 

And our judicial text-books are full and explicit on the same point. 
(Wheaton by Lawrence, p. 498 ; Kent's Com., lee. 6.) 

It is obvious to the most superficial reflection, that no distinction of 
principle exists in the levy of a military force in the neutral country, 
as between the land and sea service ; and if Great Britain may raise 
within the United States volunteers for her land service, so Russia 
may raise them for her marine service, that is, may fit out privateers 
in our ports ; and, indeed, if we grant or permit the former privilege 
to Great Britain^ we must^ in like manner, in order to be impartially 
neutral, concede the latter privilege to Russia. 

And it is equally obvious thatforeign recruiting cannotbe forbidden or 
permitted under the influence of any assumed national sympathies 
or antipathies. Individual or national preferences are quite imma- 
terial in such a question. The United States cannot, either lawfully 
or honorably, practise a simulated neutrality ; nor can a dissembled 
alliance bo claimed or expected from us, either by Great Britain- or 
by Russia. 

From the well-established rules and principles of law, then, it is 
plain to conclude : 



IN THE UNITED STATES. 73 

1. The acts of enlistment in question are contraiy to the municipal 
law of this country, and indictable as a high misdemeanor. 

2. Those acts, if permitted to one belligerent, must be permitted 
to all, in observance of impartial neutrality. 

3. Being against law in the United States, and therefore not per- 
mitted to Great Britain, if undertaken by her as a government, they 
afford just cause of war, being direct national violation of the terri- 
torial sovereignty of one nation by another. 

4. Whatever agents of the British government, whether official or 
unofficial, acting voluntarily or by orders, have participated in such 
acts, are not only guilty of a criminal infraction of the statute law, 
but also, in the language of Vattel, of violating one of the most 
sacred rights of the nation. 

I presume that if, in the present case, the British minister imagines 
that the acts performed under his direction were not contrary to the 
municipal law, it must be on the ground that the recruits were not 
completely enlisted in the United States ; that is, did not here in all 
form enter the military service of Great Britain. That assumption 
is altogether erroneous. The statute is express, that if any person 
shall hire or retain another person to (jo beyond the limits or jurisdic- 
tion of the United States, ivith intent to be enlisted or entered into the 
service of any foreign state, he shall be deemed guilty of the defined 
misdemeanor. 

It is possible, also, that he may have supposed that a solemn con- 
tract of hiring in the United States is necessary to constitute the of- 
fence. That would be mere delusion. The words of the statute arc 
"hire or retain." It is true, our act of Congress does not expressly say, 
as the British act of Parliament does, ''whether any enlistment 
money, i:)ay, or reward shall have been given and received or not," 
(Act 59 Geo. Ill, cli. 69, s. 2 ;) nor was it necessary to insert these 
words. A i^arty may be retained by a verbal promise, or by invitation 
for a declared or known purpose. If such a statute could be evaded 
or set at naught by elaborate contrivances to engage without enlist- 
ing, to retain without hiring, to invite without recruiting, to pay re- 
cruiting money in fact, but under another name of board,. passage 
money, expenses, or the like, it would be idle to pass acts of Congress 
for the punishment of this or any other offence. 

However this may be, and if such were the thought of the British 
government, it has not been successfully carried out ; for, on the evi- 
dence before me, including the general instructions of the British 
minister and his direct correspondence with recruiting officers in the 
United States and others, my opinion is positive, that the parties have 
made tliemselves amenable to the penalties of the statute, and may be 
convicted before any competent court of the United States. 

It is further to be observed, in conclusion of this branch of the sub- 
ject, that whether the acts of the British minister and his agents, in re- 
cruiting troops within the United States, do or do not come within the 
technical provisions of the act of Congress, is altogether immaterial to 
the question of international right, as between this government and 
that of Great Britain. If, by ingenious evasions of the letter of a 
penal statute, intended only for private malefactors, the British gov- 



74 BRITISH RECRUITMENT 

ernment sliould, nevertheless, levy troops liere, tlie fact of the statute 
being tlius defeated and trampled under foot would serve only to aug- 
ment the public wrong. 

Suppose, for instance, that the British government sliall have said 
to its officers, civil or military, in the British North American prov- 
inces, and to its diplomatic or consular agents in the United States : 
''You will proceed to raise so many men in the United States; 
but remember that to do so is forbidden by the municipal law 
of that country, and is indictable as a misdemeanor ; you will, 
therefore, take care to proceed cunningly in this, so as not to incur 
the penalties of the statute." Such instructions, while they might 
have the effect of raising the troops, as desired by tlie British govern- 
ment, without its agents incurring the penalties of the statute, would 
but constitute a more flagrant and aggravated violation of the national 
dignity and the sovereign rights of the United States. ' 

In truth, the statute in this matter is of but secondary account. The 
/ main consideration is the sovereign right of the United States to exercise 
complete and exclusive jurisdiction within their own territory ; to remain 
strictly neutral, if they please, in the face of the warring nations of 
Europe ; and of course not to tolerate enlistments in the country by 
either of the belligerents, whether for land or sea service. If there 
be local statutes to punish the agents or parties to such enlistments, it 
is well ; but that is a domestic question for our consideration, and 
does not regard any foreign government. All which it concerns a foreign 
government to know is, whether we, as a government, permit such 
enlistments. It is bound to ask permission of us before coming into 
our territory to raise troops for its own service. It has no business to 
inquire whether there be statutes on the subject or not. Least of all 
has it the right to take notice of the statutes only to see how it may 
devise means by which to evade them. Instead of this, it is bound, 
not only by every consideration of international comity, but of the 
strictest international law, to respect the sovereignty and regard the 
pul)lic policy of the United States. 

Accordingly, when, at the commencement of the great European 
struggle between England and France, near the close of the last cen- 
tury, the French convention assumed to recruit marine forces in the 
United States, it was held by President Washington, and by liis Sec- 
retary of State, Mr. Jefferson, as explained in the correspondence 
hereinbefore quoted, that by the law of nations, in virtue of our sov- 
ereignty, and without stopping to enact municipal laws on the sub- 
ject, we had full right to repress and repel foreign enlistments, and, 
e converso, that the attempt to make any such enlistments was an act 
of gross national aggression on tlie United States. 

When a foreign government, by its agents, enters into the United 
States to perform acts in violation of our sovereignty, and contrary to 
our public policy, though acts not made penal by municipal law, that 
is a grave national indignity and wrong. If, in addition to this, such 
foreign government, knowing that penal statutes on the subject exist, 
deliberately undertakes to evade the municipal law, and thus to baffle 
and bring into disrepute the internal administration of the country, 



IN THE UNITED STATES. 75 

in siicli case tlie foreign government not only violates but insults our 
national sovereignty. 

I repeat, then, that if it were to be supposed that the British gov- 
ernment had so far forgotten what is due to its own dignity, as to in- 
struct its agents within the territories of the German Bund, in the 
Netherlands, in the United States, to enlist recruits without respect 
for local sovereignty, but with care to avoid or evade the letter of local 
statutes, instead of diminishing, that would aggravate, the injustice 
and the illegality of the proceeding in the eye of the law of nations, 
and the intensity of the public wrong as regards the neutral States 
thus converted, without their consent, into a recruiting ground for the 
armies of Great Britain. 

Such instructions would be derogatory to the public honor in another 
respect. They presume that the United States, without becoming the 
open ally of Great Britain, will, by conniving at the use of its territory 
for belligerent purposes, while professing neutrality, thus carry on, as 
already intimated, a dishonorable war in disguise against Eussia. 

It appears, however, that the British government, finding it impos- 
sible to keep the ranks of its army filled by voluntary enlistments, 
and being loth to encounter the responsibility of a law for conscrip- 
tion, for draughts on militia, for periodical service of its able-bodied 
men, or for any other systematic method of raising troops from its 
own population, introduced into Parliament a bill entitled " An act 
to permit foreigners to be enlisted, and to serve as officers and soldiers 
in her Majesty's forces," but which was in fact a bill to authorize the 
government to einploy agents to carry on recruiting service in the neu- 
tral states of Europe and America. 

The law was earnestly objected to in its progress, as insulting to 
neutral states and derogatory to the national dignity, but was passed, 
nevertheless, on the 22d of December, 1854. (Hansard's Debates, 
third series, volume 13G, passim.) 

At an early day after the passage of this act, measures were taken 
to recruit officers and men, for a proposed foreign legion, in the United 
States, those measures being publicly pursued under the official respon- 
sibility of Sir Gaspard le Marchant, lieutenant governor of the prov- 
ince of Nova Scotia. A military depot was established at Halifax for 
the reception a.nd enrolment of recruits ; and Mr. Howe, a member of 
the provincial government, with other agents, came into the United 
States to make arrangements for engaging and forwarding the recruits, 
chiefly from Boston, New York, and Philadelphia. Subsequently, 
corresponding arrangements were made for collecting and forwarding 
recruits from the western States, by Buffalo or Niagara, through Up- 
per Canada. 

These acts were commenced and i^rosecuted with printed handbills 
and other means of advertisement, and recruits were collected in de- 
pots at New York and elsewhere, and regularly transported to Canada 
or Nova Scotia with undisguised notoriety, as if the United States 
were still a constituent part of the British empire. Of course they 
attracted great attention, and the various measures, wliether legal or 
political, proper to put a stop to them, were instituted by your direc- 



76 BRITISH RECRUITMENT 

tion, throiigli the instrumentality of the foreign or legal departments 
of the government of the United States. 

In tlie course of the investigations which ensued, among the facts 
brought to light are some, in the documents referred to me, which 
unequivocally implicate not only British consuls but the British min- 
ister himself in the unlawful transactions in question, and so call for 
inquiry as to the rights of this government in reference to them and 
their government. 

In the application of the general rules of law to the offences com- 
mitted, it is necessary to distinguish between the case of any of the 
consuls and that of the minister. 

Tlie several district attorneys of the United States, within whose 
jurisdiction, respectively, the cases occurred, very properly assumed 
that the consuls were subject to indictment for infraction of the 
munici])al law, and have proceeded accordingly — prosecutions having 
already been instituted in the southern district of Ohio against 
the consul at Cincinnati, and in the southern district of New York 
against an officer of the consulate of New York. 

Nothing is better settled by adjudication in this country, than that 
foreign consuls are subject to criminal process for violation of the 
municipal laws. (United States vs. Ravara, ii Dall., 297 ; Mannhardt 
vs. Soderstrom, i Bin., 144 ; Commonwealth vs. Kosloii, i Serg. and 
R., 545 ; State vs. Be la Foret, ii Nott and Mc, 217.) 

These adjudications are in exact conformity with the law of nations 
in regard to consuls, as understood and practised not less in Great 
Britain than in the other states of Christendom. (See Opin., Novem- 
ber 4, 1854, MSS.; also, Kent's Com., vol. i, p. 44; Wheaton's El. 
by La'wrence, 305.) 

The only privilege which a consul enjoys, in this respect, in the 
United States, is that awarded to him by the constitution^ of being 
tried by the federal courts: the effect of which is, that his case re- 
mains within the control of the general government, which may deal 
with it according to the convenience or the exigencies of its foreign 
policy, without impediment from the authority of any of the individ- 
ual States of the Union. (Const., art. iii, sec. 2; act of September 
24, 1789, sec. 9— i Stat, at Large, p. 77.) 

The consul at Cincinnati, as appears by the legal proceedings there, 
supposes that he is entitled to the benefits of certain peculiar stipula- 
tions in the consular convention between the United States and 
France, of February 23, 1853. If it were so, that would not serve him 
on the main point, because it does not exempt consuls from the crim- 
inal jurisdiction of either of the contracting governments. But this 
convention has no application whatever to the consular relations of 
Great Britain and the United States. Whether it applies or not to 
governments with which we have entered into stipulations to place 
our respective consuls on the footing of the most favored nation, is a 
question as yet sub lite. But there is no stipulation of that nature in 
existence, as between Great Britain and the United States. Of course, 
the duties and the rights of American consuls in Great Britain, and 
of British consuls in the United States, stand upon the law of na- 
tions, except as the same is modified by their treaties, and by the 



IN THE UNITED STATES. 77 

local law of either country. The local law of each, as we have seen, 
withholds from consuls the diplomatic privilege of exterritoriality. 
A British consul, therefore, has no just cause of complaint, if, when 
charged with an offence, he is held amenahle to the criminal juris- 
diction of the United States. 

In addition to those ordinary means of redress in the case of the 
misconduct of a foreign consul, is that afforded hy the law of nations. 
The President of the United States has the undoubted power, in his 
discretion, to withdraw the exequatur of any foreign consul. To 
justify the exercise of this power, he does not need the fact of a tech- 
nical violation of law judicially proved. He may exercise it for any 
reasonable cause, whenever, in his judgment, it is called for by the 
interests or the honor of the United States. (De Clerccj^, Guide des 
Considats, p. 101.) 

On each of these points provision was made in the commercial con- 
vention between the United States and Great Britain of July 3d, 
1815, which stipulates that "before any consul (in either country) 
shall act as such, he shall, in the usual form, be approved and 
admitted by the government to which he is sent; and, * * in case of 
illegal or improper conduct towards the laws or government of the 
country to which he is sent, such consul may either be punished 
according to law, if the law will reach the case, or be sent back; the 
offended government assigning to the other the reasons for the same." 
(Art. iv.) 

This convention, by its terms, was to subsist only four years. By 
a subsequent convention, that of October 20th, 1818, its duration was 
prorogued tenyears, (art. iv;) and afterwards, by the convention of Au- 
gust 6th, 1827, for another ten years, and until denounced by either 
party on twelve months' notice. 

For the rest, the stipulations of the convention of 1815, as continued. 
by the conventions of 1818 and 1827, are but declaratory of the law 
of nations, as that is understood both in Great Britain and the United 
States. 

In regard to the minister, it is clear, if he violate the laws of the 
government to which he is accredited, or otherwise offend its sove- 
reignty, there is no remedy except in the manner and form prescribed 
by the law of nations. He enjoys an exemption from judicial process, 
which immunity is not so much his right as that of his government. 

It was formerly held in England, as we see in March's case, re- 
ported by Rolle, in the time of James I., that, " although an am- 
bassador is privileged by the law of nature and of nations, yet if he 
commit any offence against the law of nature or reason, he shall lose 
his privilege, but not if he offend against a positive law of any realm." 
(Rolle's R., p. 175.) No such distinction between mala prohihita 
and mala in se, as respects ambassadors, is now admitted ; and their ex- 
territoriality is the unanimous doctrine of all publicists, and is recog- 
nised in England, as it is in the United Stales, by statute. 

The whole question is learnedly discussed by Wildman, whose views 
are in accordance with those of Grotius and Bynkershoek, which now 
prevail throughout Christendom. (Institutes, vol. 1, p. 90.) 

But the privilege of exterritoriality is not conferred on a public min- 



78 BRITISH RECRUITMENT 

ister as a sliield to crime. For any crimes wliicli lie may commit, the 
remedy varies according to the nature of the case. 

As to ofieuces against the municipal law of the country, committed 
Ly a foreign minister, or other person entitled to the privilege of di- 
plomatic exterritoriality, we have a statute which declares that any 
writ or process against them, issued hy any court, is utterly null 
and void. (Act of April 30, 1790, sec. 25 — 1 Statutes at Large, p. 
117.) And this immunity of public ministers has been the subject of 
judicial recognition in several instances. (See United States vs. Hand, 
ii Wash. C. 0. R. 435 ; United States vs. Liddle, ibid, p. 205 ; ex- 
parte Cabrera, ibid, p. 232. See also Wheaton,by Lawrence^ p. 284 ; 
Kent's Com. vol. i, p. 38 : Opinion of Mr. Attornev General Lee, of 
July 27, 1797.) 

The cases of criminality on the part of a public minister may be 
distinguished into the following classes : 

1st. If the crime committed by the minister affect individuals only, 
(delicfa privata,) the government of the country is to demand his 
recall ; and if his government refuse to recall him, the government of 
the country may cither expel him by force, or bring him to trial, as 
no longer entitled to the immunities of a minister. (Kluber^ Droit 
des Gens., sec. 211 ; Ch. de Martens' Guide Dlplomaiique, tom. i, 
p. 88.) 

2d. If the crime affect the public safety of the country, its govern- 
ment may^ for urgent cause, either seize and hold his person until the 
danger be passed, or expel him from the country by force ; for the 
safety of the state, which is superior to other considerations, is not to 
be perilled by overstrained regard for the privileges of an ambassador. 
(Ibid ; see also Kent, vol. i, 38 ; schooner Exchange vs. McFadden, 
vii Cranch, 116, 139.) Indeed, it has been held, in such a case, in 
England, that the offending party may be proceeded against for 
treason. '' If," it is affirmed in the case of Rex vs. Owen, " an am- 
bassador compass and intend death to the king's person, in the land 
where he is, he maybe condemned and executed for treason."' (Eex 
vs. Owen, Rolle's R. , p. 188.) But that dictum is not in accord with pre- 
cedents, which, in general, go no further than the arrest and confine- 
ment, and the eventual or the immediate expulsion, of a public minis- 
ter, for treasonable acts, or acts dangerous to the security of the state. 

Signal instances of the arrest or summary expulsion of public minis- 
ters in such a case, are collected by Bynkershoek, by Wic(|uefort, by 
Wildman, and by Charles de Martens, (Causes Celebres.) 

A very modern case of great notoriety is that of Sir Henry Bulwer, 
who, while British minister at Madrid, during the administration of 
the Duke of Valencia, (General Narvaez,) being detected in complicity 
with domestic revolutionists, was required by letter of the Duke of 
Sotomayor, the S])anisli Minister of Foreign Affairs, to quit Spain im- 
mediately, and did so. (Hernandez, Esjjcma y el Visconde Falmer- 
ston, Madrid, 1848.) 

This incident occasioned a brief interruption of the diplomatic rela- 
tions of the two governments ; but Spain stood firm ; and, as Sir 
Henry Bulwer had acted under the instructions of Lord Palmerston, 
the British Minister of Foreign Affairs, the British government, after 



IN THE UNITED STATES. 79 

some delay and tlie excliange of explanations, Conscious that it had 
been placed in the wrong by Lord Palmerston, submitted to send a 
new minister to Madrid. (Hansard's Debates, third series, vol. 99, 
p. 347.) 

3d. Finally, if the offence be grave, but not such as to compromise 
the public safety, the course of proceeding in accordance with the law 
of nations, and sanctioned by diplomatic usage, is to demand the recall 
of the minister, and meanwhile to refuse, or not, all further inter- 
course with him, according to the circumstances. 

The United States have pursued this course in several instances, of 
which a memorable one, and exactly pertinent to the present case, is 
the demand on France for the recall of M. G-enet, guilty of enlistments 
in this country without the consent of its government. (Am. State 
Papers, For. Aflf., vol. i, No. 65.) 

The public law and usage in this respect are well stated by a mod- 
ern English author^ who says : 

" With respect to the dismissal of ministers, it is usual, where the 
matter admits of delay, first to demand his recall. * * But this is 
a mere act of courtesy, which cannot be expected on occasions of im- 
minent peril. The dismissal of an ambassador on such occasions is 
not an assumption of jurisdiction, but a measure of self-defence, which 
no one has ever denied to be legal, in the case of ambassadors. * * 
If an ambassador use force, he may be repelled by force. * * When 
the danger is imminent, an ambassador may be seized as a public 
enemy, may be imprisoned, may be put to death, if it be indispensa- 
bly necessary to our safety." (Wildman, Institutes, vol. i, p. 114.) 

On the whole, the case of the British minister regarded in the 
light of established rules of the law of nations, and diplomatic usage 
founded thereon, would seem to resolve itself into, first, a question of 
strict right, and, secondly, of discretion in the exercise of that right. 

It clearly is not a case affecting the security of the state, and thus 
needing or justifying the interposition of summary autliority, as in 
the instance of tlie Prince of Cellamare in France, (Ch. de Mar- 
tens, Gauses Cclthres, tom. i, p. 139,) Count Gyllenberg in Great 
Britain, (Foster's Crown Law, p. 187,) and many other cases of 
historical and legal notoriety or interest. No acts of violence are 
imputed to the British minister, nor any purpose or act threatening 
to the national stability of the United States. What is charged 
against him is conduct improper in a public minister, illegal as re- 
spects the municipal law, injurious to the national sovereignty. If 
sufficiently shown, it retiuires to be repressed in such rpanner as effec- 
tively to vindicate the public honor. Of strict right, the President 
may, as the Queen of Spain did in the case of Sir Henry Bulwer, send 
his passports to the British minister, with intimation to leave the coun- 
try without delay ; or he may well, in his discretion, adopt the milder 
course, as President Washington did in the case of M. G-enet, that is, 
after afibrding to the British minister opportunity of explanation 
through the Secretary of State, then, if his explanation be not satis- 
factory, to demand his recall of the Queen's government. The per- 
sonal esteem which the British minister justly enjoys here in other 
respects might counsel the latter course, more especially if the British 



80 BRITISH RECRUITMENT 

government, assuming the responsibility of his acts, should thereupon 
proceed to tender, in its own name, complete and ample satisfaction 
lor having authorized or permitted such a flagrant wrong as the sys- 
tematic attempt to recruit a military force in the United States, by 
the instrumentality of the lieutenant-governor of Nova Scotia. 
I have the honor to be, very respcctfullv, 

C. CUSHING. 
The President. 



Southern Distkict of ISTew York, 

U. S. District Attorneif s Office, March 22, 1855. 

Sir : The enclosed handbill was brought to me this morning by 
Mr. McDonald, with the inquiry whether the employment therein in- 
dicated is contrary to law. He is to call again to-morrow, 

I have arrived at the conclusion that this business is illegal, in 
contravention of sec. 2, of the act of 20th April, 1818. 

I have the honor to remain, sir, your most obedient servant, 

JOHN McKEOX, 
United States District Attorney. 
Hon. W. L. Marct, 

Secretary of State, WasJiington, D. C. 



[EiclosTire.] 

HIGHLY IMPOETANT TO THE UNEMPLOYED ! 

The British government having concluded to form a foreign legion 
in Nova Scotia, and to raise several reginaents for duty in the province, 
offer a bounty of £G, or $30, together with the pay of $8 a month, 
rations, good clothing, and warm quarters^ to every effective man, fit 
for military duty, from nineteen to forty years of age, to join which 
are invited English, Irish, Scotch, and Germans. The subscriber 
(with the view of assisting those who have not the means of paying 
their passage) hereby gives notice that he has opened a passage office, 
No. 36, Pearl street, (near Broad,) where he proposes to engage good 
passages by good vessels to Halifax, leaving twice or three times a 
week," for th^ sum of |5, or procure through tickets by the railroad, 
leaving every morning (Sundays excepted,) and arriving at St. John's, 
near Montreal, that evening, which passage-money must be paid him 
or his agent, by the parties, together with the small sum of fifty cents 
additional for commissions, on arriving at their destination in the 
province. It is hoped that those effective men who are now_ suffering 
and in distress, will avail themselves of this rare opportunity of bet- 
tering their condition before it is too late. 

ANGUS McDonald. 

[Burrough's steam presses, 113, Fulton street, N. Y.] 



IN THE UNITED STATES. 81 

Attorney G-eneral's Office, 

March 23, 1855. 

Sm : The Secretary of State has referred to me your letter to him of the 
22d instant, enclosing a handbill signed " Angus McDonald," who 
proposes to recruit soldiers for the military service of the British 
government, and advertises a recruiting station for that object at a 
place indicated in the city of New York. 

Statements, corroborative of this document, appear in sundry 
newspapers of New York. 

It is perfectly clear that any such enlistment is contrary to law. 
The act of Congress of April 20, 1818, not only forbids military en- 
listments in the United States, for a purpose hostile to any country in 
amity with us, but also by foreign states for any purpose whatever. 

If the troops recruiting for Great Britain in New York are intend- 
ed to serve against Russia, the undertaking is in violation of our neu-' 
trality ; and, if not, still it is in violation of the sovereign authority of 
the United States. 

Not long since the consul of the Mexican republic at San Fran- 
cisco was duly tried and convicted there of this precise offence, in 
having enlisted persons in California for the domestic service of his 
government. 

These views of the present question have been submitted to the 
President, and have his approbation; and he accordingly has directed 
me to advise you at once, in ord^r to avoid delay^ and to desire you 
to take the proper and lawful steps, in your discretion, to bring to 
punishment all persons engaged in such enlistments within your 
district. 

I am, very respectfully, 

C. CUSHINa. 

Hon. John McKeon, 

United States Attorney, New York. 



Southern District of New York, 
U S. District Attorney's Office, March 24, 1855. 

Sir : I have the honor to acknowledge the receipt of your favor of 
yesterday, expressing the views of the President in regard to the 
enlistment at this station of soldiers for Great Britain. 

Permit me to say that I will, with great pleasure, carry out the 
directions contained in your letter. 

In order to give publicity to the law, I yesterday officially addressed 
the marshal of this district, and desired him to use all the means in 
his power to preserve inviolate our neutrality laws. I enclose a copy 
of such letter. 

I have the honor to remain, sir, your most obedieiit servant, 

JOHN McKEON, 
United States District Attorney. 
Hon. Caleb Gushing, 

Attorney General United States, Wasldngfov, D. C. 
Bx. Doc. 35: ;6 



82 BRITISH RECRUITMENT 

SouTHEEi^ District of 'New York, 
U. S. District Attorney's Office, March 23, 1855. 

Sir : From the newspapers during the last few days, and from other 
sources, I am inclined to believe that persons in this city are engaged 
in recruiting men. and in shipping them to some place out of the 
jurisdiction of the United tStates, with the intent there to he formed 
into regiments, to serve in the present war of France, England, and 
their allies against Russia. 

The United States are happily at peace ^vith all the nations of the 
world. The continuance of peace to our country depends upon the 
strict enforcement of our neutrality laws. The government is deter- 
mined to execute these laws to their fullest extent. This duty we owe 
to ourselves, and to all the nations with whom we are in amity. 

I beg, therefore^ to call your attention to the 2d section of the 
neutrality act of 1818, which jjrovides that "if any person shall, 
within the territory or jurisdiction of the United States, enlist or 
enter himself, or hire or retain another person to enlist or enter 
himself, or to go beyond the limits or jurisdiction of the United 
States with intent to be enlisted or entered in the service of any for- 
eign prince, state, colony, district, or people, as a soldier, as a marine, 
or seaman on board of any vessel of war, letter of marque, or priva- 
teer, every person so offending shall be deemed guilty of a high mis- 
demeanor, and shall be fined not exceeding one thousand dollars, and 
be imprisoned not exceeding three years." 

I wish you to use such means as may be at your command to pre- 
vent any violation of the laws of the United States, which are passed 
to preserve our neutrality. 

I will cheerfully cooperate with you in such measures as you may 
adopt, to prevent the infraction of this important safeguard to our 
national peace and prosperity. 

I have the honor to be, very resj)ectfully, your most obedient servant, 

JOHN McKEON, 
United^tates District Attorney, 

A. T. HiLLTER, Esq., 

United States Marshal, Neiv York. 



Southern District of New York, 
U. S. District Attorney' s Office, October 16, 1855. 

Sir : I ha.ve the honor to report, that on the 12th day of October 
instant I brought to trial in the district court of the United States an 
indictment against Joseph Wagner, charging him with having, on 
the third day of August last, hired and retained Abraham Cook to 
go beyond the limits of the United States with intent to be enlisted 
in the service of the Queen of Great Britain as a soldier. 

The defendant was defended by Hon. Ogden Hoffman and several 
other eminent counsel. Judge Ingersoll presided, and delivered a 
charge to the jury, the substance of which is given in the enclosed 



IN THE UNITED STATES. 83 

publisliecl statement. We were engaged in the trial for two days. 
The jury rendered a verdict of guilty on the loth instant. 
1 have the honor to remain your obedient servant, 

JOHN McKEON, 
United States District Attorney. 
Hon. Caleb Gushing, 

Attorney General of the United States. 



[EnclosHre.] 
Reported for the Journal of Comimrce. 

U. S. District Court, Saturday. 
Before Judge Ingersoll. — Enlisting men for the British service. 

The trial of Joseph Wagner was resumed to-day On the part of 
the defence another witness was examined^ who corroborated the evi- 
dence of two others, that Wagner was in bed on the forenoon of the 
day when Cook swore he met him in the Bowery, and that on the 
afternoon of that day Wagner went to Boston. 

The court, in charging the jury, recited the law of Congress under 
which the defendant was being tried, which we gave in our report of 
the first day's proceedings. The court then instructed the jury that 
this law provides that no person shall hire or retain any person to 
enlist or enter himself to go beyond the limits of the United States 
with intent to be enlisted as a soldier into the service of a foreign 
government. But if one person merely informs another that by his 
going to Halifax, or any foreign country, he could enlist as a soldier 
in the service of a foreign government, that would be no crime under 
the law of Congress. In snch a case there would have been no hiring, or 
retaining by promise of hire, on either side ; and the law does not 
punish any one for giving such information. Any resident of the 
LFnited States has a right to go to Halifax with intent to enlist ; that 
would be lawful ; but it is not lawful for any one, by any considera- 
tion paid, or promised to be paid, to engage another person to go to 
Halifax with intent to there enlist as a soldier in the service of any 
foreign government. And if Cook agreed with Wagner that he 
would go to Halifax and enlist as a soldier under the British govern- 
ment ; and if the consideration or inducement of such agreement on the 
part of Cook was a promise from Wagner that Cook should receive 
|30 in advance, and $10 per month for his services as a soldier under 
the British government ; or if a part or the whole of the consideration 
of that agreement, on the part of Cook, was the payment of the pas- 
sage of Cook from Nev^ York to Boston, or the promise to pay such, 
passage ; or if the consideration of such agreement, or motive which 
led to it, was any promise of money or any other valuable thing, by 
Wagner, and Cook, when he entered into such agreement, had, for 
such consideration, the intent to go to Halifax and to there enlist as 



84 BRITISH RECRUITMENT 

a soldier under the British government, then the offence, under the 
act of Congress, is complete, and Wagner must be deemed guilty. 
But the mere giving information, or the merely starting to go, is not 
suflScient. There must have been some inducement such as the court 
stated. If the testimony of Cook cannot be depended on, the prose- 
cution must fail. It was for the jury to determine whether they 
would give credit to Cook on the part of the prosecution, or to the 
three witnesses for tlie defence ; they cannot all speak the truth. If 
the jury were not satisfied beyond all reasonable doubt, they would 
give a verdict for the defendant. If they were satisfied, they should 
find him guilty. 

The jury found the prisoner guilty. 



Southern District of New York, 
U. S. District Attorney's Office, October 17, 1855. 
Sir: I have the honor to inform you that I have indictments untried 
against various individuals, charging them with a violation of the 
law relative to foreign enlistments. 

The proceedings Avhich have been taken in this city, Philadelphia, 
and other places, have undoubtedly tended not only to the putting a 
stop to the enlistments for foreign service, but have also developed 
the connexion of the officials of the government of Great Britain, in 
this country, with a violation of our municipal laws. 

The object of the prosecutions has been accomplished. It is evident 
that the parties against whom indictments have been found are but 
the instruments of others connected with a foreign power ; and it has 
appeared to me that nothing can be gained by a further prosecution 
of individual cases. 

I take the liberty of suggesting that I shall have your assent to 
stay further proceedings on the untried indictments. 
I have the honor to remain, sir, your obedient servant, 

JOHN McKEON, 
United States District Attorney. 
Hon. C. CusniNG, 

Attorney General United States. 



Attorney General's Office, 

October 20, 1855. 
Sir: I have the honor to acknowledge the reception of your two 
communications of the 16th and 17th i^istant, in which you inforna 
me of the conviction of Joseph Wagner, accused of the offence erf 
being engaged in unlawfully recruiting troops witliin the United 
States for the service of Great Britain, atid request instructions as to 
.other indictm-pnts of the same class still pending in your district, 
Thcfic proseouti<^,n8 were iustittttol, primarily, for the purpose of 



IN THE UNITED STATES. 85 

arresting tlie continued perpetration of acts derogatory to the sover- 
eignty and public honor, and contrary to the neutral policy of the 
United States. 

The ])uuishment of crime in these, as in all other cases of infringe- 
ment of statute provisions, of whatever nature, was an object also, 
but in these particular cases a secondary one; for the individual mis- 
demeanor of tlie parties implicated, whether they be citizens or 
foreigners, and whether private or official persons, is but a minor inci- 
dent of the national indignity and wrong inflicted on this government 
by the foreign government, in whose behalf and for whose benefit they 
presume to violate the laws of the United States. 

If, therefore, you find that what has thus far been done by you so 
judiciously and successfully suffices to maintain the public peace and 
vindicate the public justice within your district, you will make such 
disposition, as in your discretion seems best, of the remaining com- 
plaints against any persons who do not hold an official relation to the 
British government. 

As to guilty persons of the latter description, whether yet under pros- 
ecution or not, their criminal acts stand on a different ground, and 
additional instructions regarding them will be forwarded to you in 
due time. 

Such persons are not only indictable, in common with all others 
who violate the law of the land, but they are also violators of the in- 
ternational law, and subject to special consideration by the United 
States, unless disavowed and punished by their own government. 

I have tlie honor to be, your obedient servant, 

C. CUSHINa. 

Hon. John McdvEON, 

Attorney United States, Neiu York. 



Southern District of New York, 
U. S. District Attorney's Office, November 1, 1855. 

Sir : On the IGth October, ultimo, I had the honor to advise you of 
the conviction ot Joseph Wagner, before Judge Ingersoll, upon an in- 
dictment for a violation of the neutrality laws of the United Stateg. 

Since then, the counsel for the accused expressed the desire to move 
for a new trial, and on that account sentence was deferred from day to 
day until the opening of the court this morning, when no motion in 
arrest being made, Judge Ingersoll sentenced Wagner to an impris- 
onment for two years, and to the payment of a fine of one hundred 
dollars. In passing sentence. Judge Ingersoll stated that he inflicted 
this punishment as a warning and example to others, and to prevent 
this country from being embarrassed, or running any risk of embar- 
rassment, in the conflicts of other powers. 

I have the honor to remain, sir, your obedient servant, 

JOHN McKEON, 
United States District Attorney. 

Hon. Caleb Gushing, 

Attorney General. 



86 



BRITISH RECRUITMENT 



Attorney General's Office, 

December 8, 1855. 
Sir : I am directed bj the President to request you to report, for 
lii.s information, a list of all the criminal complaints entered in your 
district against persons accused of recruiting for the service of G-reat 
Britain, giving the names of the parties, and the time of each alleged 
act. 

I am, very respectfully, 

C. GUSHING. 
Hon. John McKeon, 

United States Attorney, New York. 



Southern District of New York, 
U. S. District Attorney's Office, December 11, 1855. 
Sir : Your letter of the 8th instant, requesting me to report, for 
the information of the President, a list of all the criminal complaints 
entered in this district against persons accused of recruiting for the 
service of Great Britain, was received this morning only. 

I have the honor to enclose to you the required information, adding 
thereto the name of the complainant. 

With great respect, your obedient servant, 

JOHN McKEON, 
United States District Attorney. 
Hon. Caleb Gushing, 

Attorney General. 



List of criminal complaints. 
[Enclosure.] 



Date. 


Name of accused. . 


Name of complainant. 


Aprils, 1855 

May 3, 1855 

May 3, 1855 

May 7, 1855 

May 7, 1855 

May 8, 1855 

May 11, 1855 

May 16,1855 

May 18, 1855 

May 18,1855 


Adam Lutz 


Grand jury. 
Henrich Hoehmund. 
Peter Oswald. 
Max X. Miller. 


Theodore Reuiy and Oscar Cromrey 

Julius Parkus and Wilhelui Schumacher. .. 

Wfiehter and Belger 

Waehter 




Adolph Bishop. 
August Meichel. 
Henry Kcdiler. 
Edward Schuiiilt. 
Edward Schmidt. 


Andrew Lutz 


Waclitor 

John B. Bettingier 


Juno 7, 1855 


Philip Mellim and Albert Hahn 


John Gutkung. 


June 7, 1855 


Philip Mellim 


Adam Heliichs. 


June 7, 1855 

June 7, 18.55 

June 12,1855 


Kaufman, Rosenbaum, and 

Weise 

Kaufman and Rosenbaum 

George Spetzer 


Charles Dorble. 
Philip Hartegan. 
John Paulus. 


June 13, 1855 

June 13, 1855 


Kartzlebin 

do 


H. Bekker. 
Amred Tiel. 



IN THE UNITED STATES. 
LIST— Continued. 



67 



Date. 



June 23, 1855 

June 23, 1855 

June 25, 1855 



August f>, ia^5 
August 5, 1855 



Name of accused. 



Milfort Von Casstensen, Thomann, 

Jorgensen 

John Bougard 

Captain Schumaclier, Oscar Cromej', Max- 
iinillian A. Thoriuan, Fvederick E. M. 
Carstensen, Joseph Smolensky, Joseph 
Traska, Charles H. Stanley 

Joseph Wagner 

do 



Name of complainant. 



Jan. Tujeriah. 
Augustus T. Leeberman. 



Antonio Ros^nbaum. 
Lawrence Berlin. 
Abraham Cook. 



Southern District of New York, 

United States District Attorney's Office. 



Attorney General's Office, 

3farch 26, 1855. 
Sir : Information having been commimicated to the President that 
military enlistments for the Britisli service are going on in Philadel- 
phia, he directs me to transmit to you the enclosed copy of a letter, 
of the 23d instant, to John McKeon, esq., attorney of the United 
States for the southern district of New York, and to request you to 
proceed against all parties engaged in such enlistments within your 
district. 

I am, very respectfully, 

C. CUSHINa. 
Jas. C. Van Dyke, Esq., 

District Attorney of the United States, Pldladelpliia. 



Office of Attorney U. S., Eastern Dist. Pennsylvania, 

140 Walnut street, Philadelphia, March 29, 1855. 

Sir: Your communication of the 26th instant, but postmarked on 
the 28th, calling my attention to a rumor that certain parties were 
enlisting in the city of Philadeli)hia for the military service of the 
British government, and enclosing a copy of a letter, dated March 
23, 1855, to John McKeon, esq., attorney for the United States for 
the southern district of New York, and directing me, by request of 
the President, to proceed against all parties engaged in such enlist- 
ments within this district, is this morning received. 

In reply to your communication, I have the honor to report: that 
about ten days ago information was left at my and the United States 
marshal's office by some citizens of Philadelphia, who desired their 
names should be kept in confidence, that several persons were en- 
gaged in employing men to go to Halifax, under the pretext of 



88 BRITISH RECRUITMENT 

working on the railroad, but with the understanding that, when there, 
they were to enlist in the British service. I immediately determined 
to apprehend the parties, and, by the assistance and vigilance of the 
United States marshal for this district, succeeded in capturing, on 
the 27th instant, four persons who have been engaged in keeping 
open, under the name of a commission office, a recruiting station, 
and also fifteen persons who had engaged to go to Nova Scotia for the 
purpose of enlisting. A partial hearing has been had before the 
United States conunissioner, and" the parties have been held to bail 
for a further hearing on Saturday next. 

In connexion with the marshal of this district, who has already 
exerted much energy and care in the matter, I shall continue, in 
pursuance of the instructions contained in your communication^, to ap- 
prehend and bring to punisliment all Avho shall be found violating 
our neutrality or national sovereignty in this respect. 
Very respectfully, 

JAS. C. VAN DYKE, 
U. S. District Attorney, Eastern District of Pennsylvania. 
Hon. C. Gushing, 

Attorney General of the United States. 



Office of Attorney U. S., Eastern Dist. Pennsylvania, 

140 Walnut street, FMladelphia, September 10, 1855. 
Sir : There are now pending some twenty bills of indictment against 
various persons charged with enlisting persons for the war in the 
Crimea. I have fixed Monday next for the trial of all the cases, and 
am about sending for the witnesses. 

* * * X: * * I shall be pleased to receive your instructions 
at as early a day as possible. 

I am, sir, very respectfully, your obedient servant, 

JAS. C. VAN DYKE. 
Eon. C. Gushing, 

Attorney General of the United States. 



Attorney General's Office, 

September 12, 1855. 

Sir : In reply to your letter of the 10th instant, on the subject of 
the indictments pending against persons charged with recruiting for 
the military service of Great Britain, I have the honor to make the 
following observations : 

Mr. McKeon has been advised of the desirableness of conferring 
with you personally, either by himself or his assistant, in regard to 
new evidence to which he may have access, and which can be useful 
to you. 



IN THE UNITED STATES. 89 

I suggest the expediency of trying only a part of tlie cases now, 
especially if you fail to convict in some leading case. 

But the most important consideration is this : 

This government has, of course, addressed to that of Great Britain 
such demands of public redress and satisfaction in the premises as the 
national honor requires. But the government of Great Britain, with 
extraordinary inattention to the grave aspect of its acts — namely, the 
flagrant violation of our sovereign rights involved in them — has 
supposed it a sufficient justification of what it has done, to reply that 
it gave instructions to its agents so to proceed as not to infringe our 
municipal laws ; and it quotes the remarks of Judge Kane in support 
of the idea that it has succeeded in this purpose. It may he so : Judge 
Kane_ is an upright and intelligent judge, and will pronounce the law 
as it is, without fear or favor. 

But if the British government has, by ingenious contrivances, suc- 
ceeded in sheltering its agents from conviction as malefactors, it has 
in so doing doubled the magnitude of the national wrong inflicted on 
the United States. 

This government has done its duty of internal administration, in 
prosecuting the individuals engaged in such acts. If they are acquit- 
ted, by reason of a deliberate undertaking on the part of the British 
government not only to violate as a nation our sovereign rights as a 
nation, but also to evade our municipal laws, and that undertaking 
shall be consummated by its agents in the United States — when all 
this shall have been judicially ascertained, the President will then 
have before him the elements of decision as to what international 
action it becomes the United States to adopt in so important a matter. 

I am, very respectfully, 

C. GUSHING. 
Jas. C. Van Dyke, Esq., 

United States At tor net/, Pliiladelphia. 



Attorney General's Office, 

September 17, 1855. 

Sir: I desire to make a further suggestion in regard to the trial of 
parties charged with recruiting soldiers in the United States for the 
service of the British government. 

It is known that instructions on this subject were given by that 
government to its officers in the United States. AVe are told by Lord 
Clarendon that those officers had "■ stringent instructions " so to pro- 
ceed as not to violate the municipal law — that is, to violate its spirit, 
but not its letter. If so, the instructions themselves violated the 
sovereign rights of the United States. 

But, in the meantime, every consul of Great Britain in the United 
States is, by the avowal of his government, subject to the just sus- 
picion of breach of law, while, apparently, he must either have dis- 
obeyed his own government, or, in obeying it, have abused his con- 



90 BRITISH RECRUITMENT 

sular functions, by the violation of his international duty to the Uni- 
ted States. 

In these circumstances, it is deemed highly necessary that the 
British consul in Philadelphia, or any other officer of the British 
government, shall not be suffered to interfere in the trials, as he did 
on a previous occasion ; that no letter of his be read, except in the 
due form of evidence ; and that, if he has anything to say, he shall 
be put on the stand by the defence, in order that he may be fully 
cross-examined by tlie prosecution. 

It is clear that he has no right, by any rule of public law or of in- 
ternational comity, to be heard in the case by the court, otherwise 
than as a witness, whether enforced or volunteer. 

I have the honor to be, very respectfully, 

C. GUSHING. 

James C. Van Dyke, Esq., 

Attorney United States, Philadelphia. 



Office of Attokney U. S , Eastern Dist. Pennsylvania, 
140 Walnut street, Philadelphia, September 27, 1855. 

Sill : I have the honor to report that, in the case of the United 
States vs. Henry Hertz and Emanuel C. Perkins, charged with 
hiring and retaining persons to go beyond the limits or jurisdiction 
of the United States, with the intent to enlist in the service of her 
Most Gracious Majesty the Queen of Great Britain and Ireland, Hon. 
J. K. Kane this morning charged thejury in a learned and able opinion. 
The jury retired at 11 o'clock, and at 15 minutes after 11 returned 
with k verdict of not guilty as to E. C. Perkins, and of guilty as to 
Henry Hertz^ on all the bills of indictment which I had submitted to 
their consideration. 

I will transmit to you, in a few days, a full report of the whole 

case, as reported by James B. Sheridan, phonographic reporter. 
******** 

I am, sir, very respectfully, your obedient servant, 

JAMES C. VAN DYKE, 
Attorney for United States. 
Hon. 0. Gushing, 

Attorney General of United States. 



Attorney General's Office, 

September 28, 1855. 

Sir : I have received your letter of the 2Tth. 

I congratulate you on the complete success of the prosecution. 
*********** 

I am, very respectfully, 



G. GUSHING. 



James C. Van Dyke, Esq.^ 

United States Attorney, Philadelphia, 



IN THE UNITED STATES. 91 

Attorney General's Office, 

Decemb€7' 8, 1855. 
Sir : I am directed by the President to request you to report, for 
his information, a list of all the criminal complaints entered in your 
district against persons accused of recruiting for the service of Great 
Britain, giving the names of the parties, and the time of each alleged 
act. 

I am, very respectfully, 

C. GUSHING. 
James C. Van Dyke, Esq., 

United States Attorney, Fhiladeljjhia. 



Office of Attorney U. S., Eastern Dist. Pennsylvania, 

Philadelphia, December 19, 1855. 

Sir : Your communication of the 8th December, instant, was duly 
received. In reply, I have the honor to report that the annexed state- 
ment will show the different causes which have originated in this dis- 
trict against persons charged witii enlisting for the military service of 
Great Britain. You will observe by that list that there are, apparently, 
five different warrants issued. The whole five may be properly clas- 
sified into two sets of causes— first, those numbered 1, 2, 3, which 
resulted in the indictments against Hertz and Perkins ; second, 
those numbered 4 and 5, which resulted in the indictments against 
Baron Vanschwatzenhorn and Emanuel Schuminski. 

The recruiting business in Philadelphia was commenced about the 
first of March last, at an ofiice, opened for that purpose, in Third 
street, near Walnut. When I first received information as to the 
object in opening this office, I directed inquiry to be made for the 
names of the parties who had charge of it. It was, however, soon 
found to be impossible to get the names of any of the parties ; and, 
learning that persons by the name of Gilroy, Gallagher, and others, 
had enlisted at that office, a warrant was issued for their arrest, with 
a clause authorizing the marshal to arrest such other persons as might 
be pointed out as being engaged in the same business. By virtue of 
this warrant, the company, about leaving under the command of 
William Budd, was arrested, together with all the persons in the 
office. Among them were the defendants mentioned in case No. 2 of 
annexed schedule, except E. C. Perkins, who was, at the same time, 
arrested at his boarding-house. These parties being arrested, and 
having determined upon the propriety of making witnesses for the 
government of the defendants named in case No. 1, of course that 
case was abandoned. 

Of the defendants mentioned in case No. 2, Hertz and Perkins 
were alone held for trial ; the evidence showing clearly that Hertz 
was the principal offender, and that all the other defendants, except 
Budd and Perkins, were mere visiters at the office of Hertz. It being 
at that time impossible to show the real design of Hertz in sending 



92 BRITISH RECRUITMENT 

men to Halifax, except by the testimony of William Biidd, I con- 
cluded to acce])t his offer to give testimony for the government. 

The cause No. 3 arose out of a charge made against William Buck- 
nail on the oath of William Bndd. The evidence against him was, 
that he had brought to Philadelphia a number of handbills, and left 
them at the office of Mr. Hertz. The bills thus brought on were the 
printed bills with the arms of her Britannic Majesty, as published on 
page 15 of the report of the trial of Henry Hertz* 

On habeas corpus before honorable John K. Kane, Wm. T. Buck- 
nail was discharged ; the judge holding the government to the proof 
of some overt act of enlistment within the jurisdiction of the United 
States, or of sending some person beyond the jurisdiction of the United 
States, knowing that the person so sent had the intention, when be- 
yond such jurisdiction, to enlist, &c., &c. There was no proof of any 
act of tliis kind on the part of Mr. Bucknall, and he was discharged. 
It was the opinion of the court on this primary hearing to which the 
British jiress refers, when they say that Judge Kane had decided that 
the action of the British agents in the premises was not a violation 
of the municipal law of the United States. This, however, was not, 
at that nor at any subsequent time, the opinion of the court. The 
extent of the adjudication was, that the evidence at that hearing in re- 
lation to the action of Mr. Bucknall did not establish, as against him, 
a prima-facie case within the letter of the act of Congress. 

Of the causes thus far referred to, indictments were sent to and 
found by the grand jury against Henry Hertz and E. C. Perkins. 
There were a number of joint bills against these defendants. Some 
of them have been tried, and convictions have been had of Henry 
Hertz, who is yet awaiting sentence. 

E. G. Perkins coming within the ruling of Judge Kane, on the hear- 
ing of the habeas corjms ex relatione Wm. T. Bucknall, he was ac- 
quitted. 

The full report of this trial you have already received in the printed 
pamphlet, copies of which have been transmitted to your department. 

The causes marked 4 and 5, on the annexed schedule, were prose- 
cutions against some persons at the time unknown, who had opened 
an office in the upper part of the city amongst the German po])ula- 
tion. The warrant No. 4 was issued, and under it the defendants 
mentioned in case No. 5 were brought in. The defendants were held 
for their appearance at the next term of the district court of the 
United States. Bills of indictment were found by the grand jury, 
and the defendants have, since that time, neglected to appear in court. 
These defendants acted under the directions of Mr. Hertz. They 
were procured by him to open their office for the recruiting business-, 
after the office in Third street had been closed by the arrest of Henry 
Hertzes a?. There have been no other prosecutions for violation of 
the neutrality laws growing out of enlistments for tiie British service. 
I am, sir, very respectfully, your obedient servant, 

J. C. VAN DYKE, 
Attorney U. S. Eastern District Pa. 

Hon. C. CusHiNG, 
" Attorney General United States. 



IN THE UNITED STATES. 93 

[Enclosure.] 
Copies of entries from commissioner's docket. 

No. 1. — United States vs. Gilroy, McGowen, Gallagher, et al., 
charged on oath of E. W. Powers with violating neutrality laws. 

1855, March 28, 1 o'clock a. m.., jjvocess exit. 

Iso. 2. — United States vs. E. C. P.erkins and others by description, 
charged on oath of E, W. Powers with violating neutrality laws. 

1855, March 28, 1 o'clock a. m., process exit. 

Eo die process returned, and E. C. Perkins, Henry Hertz, Augustus 
Stahl, Barret Leob, John Jacob Boschart, and William Budd, brought 

The following named witnesses were examined, viz : William Jones, 
Andrew McManus, Michael Gilroy, Wm. A. Leese, Dennis McLaugh- 
lin, and E, W. Powers. 

Mr. Van Dyke moves that the defendants, except Augustus Stahl, 
be held for further hearing. 

Each is held in the sum of $2,000, as follows : 

E. C. FerJcins, with Wm. Magill surety. 

Henry Hertz, with Jacob Aub as surety. 

Barnet Leob in $500, with Philip Lang as surety. 

J. J. Boscliart in $500, with N. Fend as surety. 

Willinm Budd is committed. 

Mr. Van Dyke moves for commitment of the following witnesses : 
Augustus Qeese, John Riddlebury, Wm. Eckert, Charles Weaver, 
James McConnell, Philip Sibet, H. Kerstein, Robert Kern, Peter 
Muhr^ Wm. Finley, William Jones, and James Johnson. Commit- 
ments exit. 

March 31, 1855. Defendants are present, with counsel ; Mr. Vaux 
for Wm. Budd. 

Mr. liemak for Hertz, Leob, and Boschart. 

Mr. Guillon for Mr. Perkins. 

The following witnesses are examined, viz : Michael Gilroy, P. W. 
Conroy, H. B. Mann, Edward G. Webb. 

The district attorney moves a continuance till Friday next at 12 
o'clock. 

Defendants Leob^ Boschart, and Budd committed for want of hail, 
$500. 

April 2. Defendants present. Wm. McGill sworn ; John Jen- 
kins sworn ; F. M. W^ynkoop sworn. 

On motion of district attorney, Wm. Budd is discharged on his 
own recognisance. 

Wm. Jjudd is called and sworn as a witness for the government, 

April 16, 1855. Defendants present, with counsel. 

After argument, Leob and Boschart are discharged. Perkins and 
Hertz held to answer at next term of court ; bail fixed at $1,000 each. 
Bail entered. 



94 BRITISH RECRUITMENT 



Before Commissioner Heazlett. 

No. 3. — United States vs. Wm J, Bucknall, charged on oath of 
Wm. Budd with viohxtion of neutrality laws, 

3Iarch 30. Affidavit filed, and process exit. 

March 31. Defendant held D. Sherwood surety in $2,000 for hear- 
ing on Monday next at 10 o'clock. 

April 2, 1855. Defendant present, with R. P. Kane, esq., as 
counsel, and held till Friday next for further hearing. 

Ajiril 18, 1855. Defendant present ; witness for government heard. 
Mr. Van Dyke moves that defendant he held to answer ; R. P. Kane, 
esq., contra. Defendant held in the sum of $1,000 to answer at the 
next term of the court. 

No. 4. United States vs. a person hy description^ charged with en- 
listing and hiring others to enlist. 

April 2, 1855. Affidavit filed ; process exit. 

No. 5. United States vs. Baron Yanschwatzenhorn and Emanuel 
Schumunski, charged with enlisting men for the service of Great 
Britain. 

June 1, 1855. Affidavit filed of J. A. Weidenhourned, and pro- 
cess issued, 

June 2. Return C. C. Defendants present. The following wit- 
nesses examined, viz : Theo. Theiner, Wm. Krample, John Heaich, 
Simon Rosenbaund, Herman Tappert, Edward Golzken, William 
Winter. 

Defendants held in $500 to appear at next court United States. 
On motion of the district attorney, the following witnesses are com- 
mitted in default of hail : T. Theoner^ H. Tappat, Ed. Gotzgen, 
Heaich^ Winter, and Rosenhaum. 



Attorney General' s Office, 

December 8, 1855. 

Sir : I am directed hy the President to request you to report, for 
his information, a list of all the criminal complaints entered in your 
district against persons accused of recruiting for the service of Great 
Britain, giving the names of the i:)arties, and the time of each alleged 
act. 

I am, very respectfully, 

C. GUSHING. 
Hugh J. Jewett, Esq., 

U, S. Attorney for Southeryi District of Ohio. 



United States Attorney's Office, 

Zanesville, December 18, 1855. 

Sir : I am in receipt of your favor of the 8th instant. 

The names of the parties charged hy indictment, in the circuit court 



IN THE UNITED STATES. 95 

for this district, for " recruiting for the service of Great Britain," are : 
1st, Charles Kowcroft ; 2d, William Hamilton; 3d, Robert B. McKay; 
4th, John Turnbiill ; 5th, Daniel DeCorponay. Complaint was made 
against one Frederick Pashuer, but no indictment found. 

About the 1st July last, the marshal and his assistants were ad- 
vised that the abovenamed parties were violating the neutrality laws, 
by hiring persons to go beyond the jurisdiction of the United States, 
with intent to enlist in the service of Great Britain, and that, about 
the 7th July, such hired persons would be started for Canada. 

On the morning of the day that the hired parties were to be 
despatched, and after they were seated in the cars, they, with the 
abovenamed parties, were arrested. 

On the 14th July, a hearing was had before one of the commission- 
ers of the United States, when the abovenamed parties, with the ex- 
ception of DeCorponay and the man named Pashuer, were recognised 
to appear and answer the charge at the ensuing October term of the 
circuit court ; at which term indictments were found, as before men- 
tioned, and the cases continued for trial at the next (April) term ot 
said court. 

Very respectfully, your obedient servant, 

H. J. JEWETT, 

District Attorney, 

Hon. Caleb Gushing, Attorney General. 



Attorney General's Office, 

January 10, 1856. 
Sir : I have the honor to acknowledge the reception of your report 
of the 18th ultimo, respecting violations of the laws of the United 
States by agents of Great Britain within your district, and to say 
that what you have done in the premises is approved by the Presi- 
dent. 

1 am, very respectfully, 

C. GUSHING. 
Hugh J. Jewett, Esq., 

Attorney United States for Southern District of Ohio. 



Attorney General's Office, 
December 8, 1855. 
Sir: I am directed by the President to request you to communicate, 
for his information, a brief report of all the legal proceedings had in 
your district to repress or punish military recruiting for the service 
of Great Britain, including, especially, a list of persons indicted, with 
a statement in each case of the time of the alleged acts. 
I have the honor to be, very respectfully, 

C. GUSHING. 
Hon. Benj. F. Hallett, 

United States Attorney, Bosto7i, 



96 BRITISH RECRUITMENT 

Office of U. S. Attorney, 

Boston, December 24, 1855. 

Sir : I have the honor to comply with your request, made by direc- 
tion of the President, to communicate for his information a report of 
the legal proceedings had in this district, to redress or punish military 
recruiting for the service of Great Britain, including a list of the 
persons indicted, &c. 

In May last, I received information that persons, apparently for- 
eigners, were being sent by steamers and packet-vessels from Boston 
to Halitax, whose passages Avere paid at this place. I had communi- 
cation with the collector, Greneral Peaslee, who concurred with me in 
refusing passenger manifests when the purpose of such shipments 
was suspicious. Mr. S. S. Lewis, the agent of the Cunard line, acted 
very promptly upon my suggestions, and refused applications made 
to him from New York to take passengers of this description, and 
receive their passage-money on landing them at Halifax. I also re- 
ceived, anonymously, a printed copy of the handbill issued from the 
office of the provincial secretary at Halifax, March 15, 1855, inviting 
shipmasters to bring poor men, who were willing to serve her Ma- 
jesty, and promising the cost of a passage for each man shipped from 
Philadelphia, New York, and Boston — signed Lewis M. Wilkins. 
The same bill or proclamation is printed in the trial of Henry Hertz, 
page 15. Satisfied that Boston was being made a depot for the ship- 
ment of men designed for enlistment at Halifax, in evasion and vio- 
lation of the neutrality acts, I caused the following arrests to be 
made : 

Ju7ie 6, 1855. — Charles Green, and five other laboring men. Philip 
Kaufmann, an agent in bringing men from New York, to be forwarded 
to Halifax. 

Jiine 8. — John M. Schwarrer, who kept a German hotel in Boston, 
and boarded the intended recruits. 

Jiine y. — Louis Celegi, another agent from New York, Dr. Keil- 
bach and Gastinson, Germans^, were arrested. 

June 19. — In consequence of disclosures by some of the above par- 
ties, who voluntarily became witnesses, a warrant was issued against 
C. H. Stanley, of the consular office at New York, in order to retain 
the witnesses against him, who were sent to New York to Mr. Mc- 
Keon, under the statute for that purpose. 

June 23 and 25. — Farley^ alias Grant, and Caleb Stewart, were 
arrested. 

June 28. — Upon information from the collector at Edgartown, (Mr. 
Norton,) and by the energetic action of Capt. Clark, of the revenue- 
cutter "James Campbell," I caused the arrest by the marshal, on 
board the British brig " Buffalo," of four persons, appearing to be 
officers, viz: Louis Kazinski, a Pole, calling himself Count; Hugo 
Lippi, a German ; Richard Rudelins, an Italian ; and H. Langlois, a 
French surgeon, together with 21 men under their control, bound to 
Halifax. By my request, Capt. Clark brought these persons to Bos- 
ton in his cutter,, under arrest of the marshal, from Tarpaulin cove, 
where they were found. 

All the above persons, forty in numlier, (except Mr. Stanley,) were 



m THE UNITED STATES. 97 

brought before Mr, Commissioner Woodbury, and tbeir cases repect- 
ively investigated. Philip Kauffman, Louis Celegi, Schwarrer, 
Kazinski, Hugo Lippi, Rudelius and Langlois, were held before the 
grand jury, and the other persons retained as witnesses, or discharo-ed. 
The grand jury found bills against all except Kauffman and Schwar- 
rer, who became witnesses. 

These examinations distinctly proved a concerted arrano-ement 
between the colonial officers at Halifax and the British vice-counsul 
at New York, to procure men in the United States, and ship them 
from Boston to go to Halifax, there to enlist in the foreign leo-ion. 
Most of the men were deceived by j^romises of work on railroads or 
docks at Halifax, or other false pretences of employment. The a^i-ents 
who enticed the men were instructed in most cases, so as to evade the 
laws. 

Kauffman was employed at New York to bring men on to Boston 
by Count I^zinski, who, as is now proved, was under the orders and 
pay of Mr. Stanley at New York, and was promised a colonel's 
commission in the foreign legion. Kauffman and Celegi brought to 
Boston at different times fifty men, who were shipped to Halifax. 
The packets of Clark, Jones, & Co., and of Sprague, Soule, & Co., of 
Boston, transported large numbers of men, whose passages were paid 
through Mr. Howe, formerly colonial secretary. Mr. A. Winsor, 
who received passage money of Hertz at Philadelphia, March 25, was 
a member of the last named firm, and testified that he also received 
passage money in Boston, and forwarded men who were sent to Bos- 
ton from New York by Max F. 0. Strobel. Sixty men were shipped 
in Sprague, Soule, & Co. 's vessels, who were forwarded by Strobel; 
and, at another time, thirty men were despatched in the barque Hali- 
fax, belonging to Clark, Jones, & Co. These ship-owners and their 
agents here, thouo-h grossly violating the spirit of the law, could not 
be brought under its provisions of hiring and retaining. They de- 
sisted, however, promptly and honorably, after the disclosures made 
before the commissioner and grand jury in the investigations. It was 
also proved that Mr. Howe, the colonial agent, had been three seve- 
ral times in Boston, contracting for the passages of recruits, boarding 
and selecting men and paying money to agents engaged in procuring 
them ; but he could not be found after these disclosures, to be arrested. 
Mr. Edward Whitney, of the firm of Sprague, Soule, & Co., testified 
that Howe advanced to him $192 for passages, and that he, Howe, 
told Whitney that he had taken legal advice, and that it was lawful 
to ship the men to Halifax. A person named Jacoby procured at New- 
York and brought to Boston a number of squads of men under the 
pretence that they were to enlist in the United States service. I never- 
found but four men — three Frenchmen and one German — who admit- 
ted they intended to enlist as soldiers, and they were hired in New- 
York. All the others declared they had been deceived, though many 
of them had previously stated their intention to enlist. 

Two men, George Hasliren and John Hock, had been to Halifax to 

enlist, and were there rejected for physical delects, and sent back to 

Boston. Their testimony proved that the recruits sent from Boston 

were expected, and were received by the lieutenant governor of 

Ex. Doc. 35 7 



98 BRITISH RECRUITMENT 

Nova Scotia and tlie officers of the foreign legion, and were examined 
and enlisted. 

In the district conrt of the United States, before Judge Sprague 
and a jury, from July 16th to the 21st, 1855, I tried the indictments 
found against Louis Kazinski and the three other officers, viz: Hugo 
Lippi, Rudelius, and Langlois, arrested on hoard the British brig 
Buffalo. Tlie defendants were acquitted under the ruling of the 
judge, tliat there was not sufficient evidence of a hiring and a retain- 
ing of the men in this district, with their consent and concurrence in 
this district, to go to Halifax, there to enlist as soldiers. It was fully 
proved that Count Kazinski had the control of the men on board the 
brig Buffalo ; that he forcibly retained and refused to land some of 
them, who begged for their discharge ; that he declared he had tele- 
graphed to Halifax the number of men he had in the brig Buffalo, 
and must report them all at Halifax, and if the British(|pfficers there 
w^ould release them after they got to Halifax, they would be sent 
back. But the consent of the men to be hired or to enlist while in 
the district of Massachusetts could not be proved. 

The facts disclosed gross deception practised upon the men by the 
British officers and agents concerned, and an elaborate combination to 
evade the neutrality laws, and yet secure tlie men at Halifax. 

Another indictment against Louis Celegi Avas also tried with the 
game result. But the effect of these proceedings and trials, and of 
the vigilance instituted to detect further attempts to evade the laws, 
was to break them up entirely in this city. 

Subsequently, on the 9th of August, 1855, I caused the arrest of 
Joseph AVagner, and, upon his examination, sufficient evidence was 
obtained to implicate him in an actual hiring of men at New York. 
I accordingly caused Wagner and the witnesses to be removed to New 
York by the marshal, where he was proceeded against by Mr. McKeon, 
and he was tried and found guilty. 

In the meantime I communicated to the United States attorneys, 
Mr. McKeon, of New York, and Mr. Van Dyke, of Philadelphia, all 
the information drawn out by the examinations here of the violations 
of the laws in those cities. On the 22d of June, 1855, I communi- 
cated to the Hon. Secretary of State, Mr. Marcy, the substance of the 

proceedings here. 

******** 

The counsel who defended Louis Kazinski and his associates in the 

trials here (Messrs. Andrew and Burt) were retained and paid a |500 

fee by Mr. Stanley, of the British consulate at New York. Kazinski 

himself, who has recently been in Boston, has verified this statement 

to me; and also that, at the time he took charge of the brig Buffalo, 

he held the written instructions of Mr. Stanley, and had the control 

of the vessel. 

******** 

I instituted the above proceedings without any direct instructions to 
that effect, but as within my duties as a prosecuting officer, and in 
the* confidence that the President, as all his acts before and since have 
demonstrated, was earnestly desirous to maintain the good faith of 
the United States by a strict and impartial enforcement, in all cases, 



IN THE UNITED STATES. 99 

of tlie neutrality laws ; and I trust that my endeavors to enforce an 
observance of those laws in this district have. met his approbation and 
that of the Attorney General. 

Very respectfully, your obedient servant, 

B. F. HALLETT, 

United States Attorney. 
Hon. C. Gushing, 

Attorney General. 



Attorney General's Office, 

January 17, 1856. 

Sir: I am directed by the President, in acknowledging the recep- 
tion of yoifr communication of the 24th ultimo, to signify his entire 
satisfaction with all the steps taken by you in regard to enlistments 
for the military service of Great Britain within your district. 
I am, very respectfully, 

C. GUSHING. 
Benj. F. Hallett, Esq., 

Attorney U. S, , District of Massachusetts. 



100 BRITISH RECRUITMENT 



THE TRIAL OF HENRY HERTZ ET AL. 



DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF 

PENNSYLVANIA. 



UNITED STATES OF AMERICA VS. HENRY HERTZ AND EMANUEL C. PERKINS, 

Charged with Mrincf and retaining persons to go beyond tlie jurisdiction 
of the United States, with the intent to enlist in the British foreign 
legion, for the Crimea. 



September 21 ^ 1855. — Before the Honorable John K. Kane. 

Tlie defendants were arraigned on several bills of indictment, to 
which they severally pleaded not guilty. 

A jury is called, and sworn or affirmed as follows : 

1. Jeremiah Byerly, carpenter, Front street, below Catharine, 
Philadelphia. 

2. John Baird, marble mason, Spring Garden street^, above 13th, 
Philadelphia. 

3. Joshua Fry, gentleman, Centre P. 0., Lehigh county, Penn. 

4. John Gr. Hinsell, collector, Crown street, above Vine, Phila- 
delphia. 

5. Michael D. Kelly, tailor, Division street, below 12th, Philadel- 
phia. 

6. Cornelius McCauley, manufacturer, No. 119 Lombard street, 
Philadelphia. 

*7. John F. Parke, farmer, Radnor P. O., Delaware county, Penn. 

8. George Reese, gentleman, Race street, above 3d, Philadelphia. 

9. John Stewart, farmer, Carlisle, Cumberland county, Penn. 

10. John Wilbank, innkeeper, Rugan street, above Callowhill 
street, Philadelphia. 

11. Joseph Lippencott, carpenter, Vernon street, above 10th, Phila- 
delphia. 

12. Charles R. Able, manufacturer. No. 478 North Fourth street, 
Philadelphia. 

The indictments were similar in their character, and related to the 
hiring of different persons. 

The following is a copy of one of the indictments : 

In the District Court of the United States in and for the Eastern Dis- 
trict of Pennsylvania, of May sessions, in the year of our Lord one 
thousand eight hundred and ffty-five. 

Eastern District of Pennsylvania, ss. 

First count. — The grand inquest of the United States of America, 

inquiring for the eastern district of Pennsylvania, upon their oaths 

and affirmations respectively, do present : That Henry Hertz, late of 



IN THE UNITED STATES. 101 

the district aforesaid, yeoman, and Emanuel C. Perkins, late of tlie 
district aforesaid, yeoman, heretofore, to wit : on the twentietli day of 
February, in the year of our Lord one thousand eight hundred and 
fifty-five, in the district aforesaid, and within the jurisdiction of this 
court, with force and arms, did hire and retain one William Budd to 
enlist himself as a soldier, in the service of a foreign prince, state, 
colony, district, and people, contrary to the form of the act of Con- 
gress in such case made and provided, and against the peace and 
dignity of the United States. 

Second count. — The grand inquest of the United States of America, 
inquiring for the eastern district of Pennsylvania, upon their oaths 
and affirmations respectively, do further present : That Henry Hertz, 
late of the district aforesaid, yeoman, and Emanuel C. Perkins, late 
of the district aforesaid, yeoman, heretofore, to wit : on the twentieth 
day of February, in the year of our Lord one thousand eight hundred 
and fifty- five, at the district aforesaid, and within the territory and 
jurisdiction of the United States and of this honorable court, with 
force and arms, did hire and retain William Budd to enlist and enter 
himself as a soldier in the service of a foreign prince, state, colony, 
district, and people, to wit : the service of her Most Gracious Majesty, 
the Queen of Great Britain and Ireland, contrary to the form of the 
act of Congress in such case made and provided, and against the peace 
and dignity of the United States of America. 

Third count. — The grand inquest of the United States of America, 
inquiring for the eastern district of Pennsylvania, upon their oaths 
and affirmations respectively, do further present : That Henry Hertz, 
late of the district aforesaid, yeoman, and Emanuel C. Perkins, late 
of the district aforesaid, yeoman, heretofore, to wit : on the twentieth 
day of February, in the year of our Lord one thousand eight hundred 
and fifty-five, at the district aforesaid, within the territory and juris- 
diction of the L^nited States, and within the jurisdiction of thic court, 
with force and arms, did hire and retain William Budd to go beyond 
the limits and jurisdiction of the United States, with the intent of 
him, the said W^illiam Budd, to be enlisted and entered as a soldier 
in the service of a foreign prince, state, colony, district, and people, 
contrary to the form of the act of Congress in such case made and 
provided, and against the peace and dignity of the United States of 
America. 

Fourth count. — The grand inquest of the United States of America, 
inquiring for the eastern district of Pennsylvania, upon their oaths 
and affirmations respectively, do further present : That Henry Hertz, 
late of said district, yeoman, and Emanuel C. Perkins, late of the 
district aforesaid, yeoman, heretofore^ to wit : on the twentieth day 
of February, in the year of our Lord one thousand eight hundred and 
fifty-five, at the district aforesaid, and within the territory and juris- 
diction of the United States, and within the jurisdiction of this honor- 
able court, with force and arms, did hire and retain William Budd 
to go beyond the limits and jurisdiction of the United States, with 
the intent of him, the said William Budd, to be enlisted and entered 
as a soldier in the service of a foreign prince, state, colony, district, 
and people, to wit ; the service of her Most Gracious Majesty, the 



102 ERITISH RECRUITMENT 

Queen of Great Britain and Ireland, contrary to the form of tlie act of 
Congress in such case made and provided, and against the peace and 
dignity ot the United States of America. 

Fiftli count. — The grand inquest of the United States of America, 
inquiring for the eastern district of Pennsylvania, upon their oaths 
and affirmations respectively, do further present : That Henry Hertz, 
late of said district, yeoman, and Emanuel C. Perkins, late of the 
district aforesaid, yeoman, heretofore, to v^it : on the twentieth day 
of February, in the year of our Lord one thousand eight hundred and 
fifty-five, at the district aforesaid, witliin the territory and juris- 
diction of the United States, and within the jurisdiction of this court, 
with force and arms, did hire and retain William Budd to go beyond 
the limits and jurisdiction of the United States, with the intent of 
him, the said William Budd, to be enlisted and entered as a soldier 
in the service of a foreign prince, state, colony, district, and people. 
The said Henry Hertz and Emanuel C. Perkins, at the time they so 
hired and retained the said W^illiam Budd to go beyond the limits and 
jurisdiction of the United States, with the intent as aforesaid, not 
being a subject or citizen of any foreign prince, state, colony, district, 
or people, transiently within the United States, and said hiring and 
retaining not being on board any vessel of war, letter of marque, or 
privateer, which at the time of the arrival within the United States 
of such vessel of war, letter of marque, or privateer was fitted and 
equipped as such ; and the said William Budd, so hired and retained, 
not being a subject or citizen of the same foreign prince, state, colony, 
district and people, transiently within the United States, enlisting and 
entering himself to serve such foreign prince, state, colony, district, or 
people, on board such vessel of war, letter of marque, or privateer, 
the United States being at peace with such foreign prince, state, colony, 
district, and people, contrary to the form of the act of Congress in such 
case made and provided, and against the peace and dignity of the 
United States of America. 

Sixth count. — The grand inquest of the United States of America, 
inquiring for the eastern district of Pennsylvania, upon their oaths and 
affirmations, do present : That Henry Hertz, late of said district, yeo- 
man, and Emanuel C. Perkins, late of the district aforesaid, yeoman, 
heretofore, to Avit : on the twentieth day of February, in the year of 
our Lord one thousand eight hundred and fifty-five, at the district 
aforesaid, and within the territory and jurisdiction of the United 
States, and within the jurisdiction of this honorable court, with force 
and arms, did hire and retain William Budd to go beyond the limits 
and jurisdiction of the United States, with intent of him, the said 
William Budd, to be enlisted and entered as a soldier in the service 
of a foreign prince, state, colony, district, and people, to wit : in the 
service of her Most Gracious Majesty, the Queen of Great Britain and 
Ireland. The said Henry Hertz and Emanuel C. Perkins, at the time 
they 80 hired and retained the said William Budd to go beyond the 
limits and jurisdiction of the United States, with the intent as afore- 
said, not being a subject or citizen of the said Queen of Great Britain, 
transiently within the United States, and said hiring and retaining 
not being on board any vessel of war, letter of marque, or privateer, 



IN THE UNITED STATES. 103 

wliicli at the time of its arrival within the United States was fitted and 
equipped as such ; and the said William Budd, so hired and retained,- 
not heing a suhject or citizen of her Most Gracious Majesty, the Queen 
of Great Britain and Ireland, transiently within the United States, 
enlisting and entering himself to serve the said Queen of Great Britain, 
on board such vessel of war, letter of marque, or privateer, the United 
States being at peace with the said her Most Gracious Majesty, the 
Queen of Great Britain and Ireland, contrary to the form of the act 
of Congress in such case made and provided, and against the peace and 
dignity of the United States of America. 

JAMES C. VAN DYKE, 
Attorney for tlie United States 

for the Eastern District of Pennsylvania. 

J. C. A^an Dyke, esq., attorney for the United States, opened the 
case on the part of the prosecution, in substance as follows : 

May it please the court — gentlemen of the jury : It is a fact which 
will be judicially noticed by this court and jury, that during the year 
1855, as for some time previous, the Crimea has been the site of a san- 
guinary and melancholy conflict between some of the most powerful 
nations of the globe. 

That conflict has been conducted principally by the British, French 
and Turks on one side, and by Russia on the other, and has become 
part of the political and legal history of nations. 

It is not important for us to inquire into the cause of this conflict, 
nor is it necessary for us to trace the various military or political ma- 
noeuvres by which it has been conducted, much less to endeavor to as- 
certain or speculate as to the probable result of an attack on the part 
of the allies, producing those misfortunes to the British goverriment 
which they have endeavored to retrieve by a violation of law in this 
country. 

We do not deem it in any degree important to the American people 
that the combined forces of southern Europe should be successful 
against a single nation of the north in maintaining her asserted rights. 
In this free and republican country, the home ordained by Providence 
for the oppressed of all nations, we have very little to do with the 
struggles for supremacy and power by the different crowned heads of 
the Old World. The various schemes which have been adopted for 
the support of a balance of power by the potentates of Europe never 
have, and in my opinion never will advance those republican institu- 
tions wliich it is our pleasure and duty to foster. On the contrary, 
those combinations which have been formed in support of such bal- 
ance have at all times been made the instrument of retarding in Europe 
the progressive democratic spirit of the age, and of binding the masses 
more firmly beneath the yoke of an overgrown and decaying aristoc- 
racy ; and although the popular pulse in this country is manifestly 
against all war which originates in the desire to perpetuate or extend 
any other than a rej)ublican firm of government, yet a proper re- 
gard for our national integrity forbids us to tolerate, on the part of 
those residing among us, any intermeddling in the disputes of otlier 
nations, where those disputes do not interfere with or concern the le- 



104 BRITISH RECRUITMENT 

gitimate objects and manifest destiny of our own wide-spread i no; in- 
stitutions. Except in sitbli cases, our ])olicy is peace ; and we should 
endeavor to keep ourselves free from all political connexions Mdiicli 
might in any way involve us in the conflict among European powers — 
not so much for the reason that we are not ever ready to defend our 
rights by an effectual resort to arms, but because our implied and 
treaty obligations require us firmly and fuitlifully to maintain an im- 
partial neutrality. 

By pi-udence and an entire good ftiitli in observing the position of 
an indei)endent neutral nation, we increase our own happiness and 
prosperity at home, and secure to ourselves the right to demand a 
proper respect abroad. 

A neutral nation cannot with propriety interfere with any matter 
of dispute between foreign belligerent parties, nor can it furnish aid 
to either, without justly incurring the danger of the displeasure of the 
other. The propriety of a nation not directly involved in an existing 
war, in maintaining this position of strict impartiality, is manifest. It 
is protection and preservation both to our citizens and to our property. 

This has been the doctrine of all neutral powers ; and although for 
centuries disregarded by European governments, in violation not only 
of the well-settled laAvs of nations, but also of highly penal statutes, 
it has ever been regarded by American statesmen as a cardinal ele- 
ment in American diplomacy. 

The benefits of a strict observance of neutrality are too great and 
too many to be enumerated in the trial ol" the issue which I am about 
to present to you. Suffice it to remark, that so great are those bene- 
fits, that from the beginning of our government we have considered 
it the duty of every resident in this country, whether minister pleni- 
potentiary, consul, or private citizen, to inquire into the character and 
extent of our laws upon this subject, and carefully to observe them. 

No one residing here has a right to violate the national sovereignty 
of the United States, by setting those laws at defiance, by the perpe- 
tration of acts derogatory to our character as an independent, impar- 
tial, neutral nation; and any neglect of this duty renders him ame- 
nable to the laws of the land. As an example of the early feeling of 
our government upon this subject, Mr. V. read the proclamation of 
President Washington, in 1793, in relation to "the Avar then existing 
between Austria, Prussia. Sardinia, Great Britain, and the Nether- 
lands, on the one part, and France on the other ; stating that the duty 
and interest of the United States require that they sliould, with sin- 
cerity and good faith, adopt and pursue a conduct friendly and imj)ar- 
tial towards the belligerent powers. 

"I have, therefore, thought fit, by these presents, to declare the 
disposition of the United States to observe the conduct aforesaid 
towards those powers respectively, and to exhort and to warn the citi- 
zens of the United States carefully to avoid all acts and proceedings 
whatsoever, whicli may tend in any manner to contravene such dis- 
position. 

"And I do, hereby, also make known, that whosoever of the citizens 
of the United States shall render himself liable to punishment or for- 
feiture, by the laws of nations, by combatting, aiding, or abetting 



IN THE UNITED STATES. 105 

hostilities against any of the said powers, or hy carryinp; to any of 
them those articles which are deemed contrahand hy the modern 
usage of nations, will not receive the protection of the United States 
against such punishment or forfeiture; and further, that I have given 
instructions to those officers to whom it helongs, to cause prosecutions 
to be instituted against all such persons who shall, within the cogni- 
zance of the courts of the United States, violate the laws of nations, 
with respect to the powers at war, or any of them." 

The justice of the principles contained and proclaimed in this mes- 
sage no doubt jjroduced, in 1T94, the passage of the first law for the 
protection of our neutrality. 

That act is the same^ in its principal features, as the English statute 
9 Geo. II, ch. 30, sec. 2 ; and 29, ch. 17, sec. 2. 

Mr. Van Dyke then referred to the various acts of Congress which 
had at different times been enacted for the purpose of imposing pun- 
ishment upon those who should violate the n£f.tional sovereignty of 
the United States, by interfering with the rights of*belligerents. 

The act of June 5, 1794, ch. 50, punishes any citizens of the United 
States for accepting and exercising a commission to serve in any war, 
on land or at sea, in the service of any foreign prince or state ; and 
prohibits any person, within the territory or jurisdiction of the United 
States, enlisting or entering ^himself, or hiring or retaining another 
person to enlist or enter himself, or to go beyond the limits or juris- 
diction of the United States with the intent to be enlisted or entered 
in the service of any foreign prince or state as a soldier, or as a 
mariner, or seaman, on board any vessel of war, letter of marque, or 
privateer ; and forbids the fitting out, or attempting the fitting out of 
ships-of-war within any of tlie waters of the United States^ or pro- 
curing the same to be done. This act also forbids any person, within 
the territory of the United States, increasing or augmenting, or pro- 
curing the increase or augmentation, or knowingly being concerned 
therein, of the force of any ship-of-war, cruiser, or other armed vessel 
of any foreign prince or state, or belonging to the subject of any 
foreign prince or state, the same being at war with any other foreign 
prince or state with whom the United States are at peace. 

Sec. 5 proliibits all j^^^rsons, within the territory or jurisdiction of 
the United States, to begin or set on foot, or provide or prepare the 
means for any military expedition or enterprise, to be carried on from 
thence against the territory or dominions of any foreign prince or 
state with whom the United States are at peace. 

Sec. 6 makes the offence indictable in the district court of the 
United States. 

Sec. 7 autliorizes tlie President of the United States to emplo}^ the 
armed forces of the United States i6 prevent the commission of the 
oftences declared against by the neutrality laws of the United States. 

Sec. 8 authorizes the President to use the armed forces of the 
United States to compel the departure of any armed sliip of any foreign 
prince, in all cases in which, by tlic laws of nations or the treaties of 
the United States, they ought not to remain in the United States. 

This act was to continue in force for two years, or until the next 



106 BRITISH RECRUITMENT 

Congress thereafter. In 1797 the act was further extended for the 
period of two years. 

On tlie 2-ith April, 1800, Congress, hy an enactment, made the act 
of 1794 perpetual. 

The next enactment was March 3, 1817, ch. 58, by which new pun- 
ishment and penalties were imposed for a violation of the provisions 
of the act of 1794. 

Mr. V. said he referred only to the substance of these acts of Con- 
gress, without delaying tlie court to read from the books, because, 
having been repealed by the law under which the present bills of 
indictment are framed, they are important for two reasons only. 

1. They show in a most conclusive manner the policy of our gov- 
ernment in maintaining a strict neutrality on the international affairs 
of European powers. 

"Peace with all nations, entangling alliances with none," has 
ever been the motto, not only of the government, but of the people 
of this country. 

By adopting and strictly observing this just and fair policy, the 
United States has in times of intense political excitement, and bloody 
and disastrous warfare in other countries, cultivated peace with all 
nations, and secured at all times national repose and commercial 
prosperity at home, and respect abroad. By fulfilling, with a strict 
impartiality, our neutral responsibilities towards belligerent powers, 
we have in tim'es past avoided the disasters which have befallen other 
free governments ; and by continuing so to do in the future, we will 
continue able to present to mankind an example of republican integrity 
worthy of imitation by the civilized world. 

2. They are important: because, from their peculiar similarity 
with the act of 1818, under which these defendants, now on trial, are 
indicted, we are enabled more fully to comprehend the meaning of the 
several judicial constructions which have been given to them, 
especially in cases of prize, and to ascertain the bearing of such con- 
struction upon the act of 1818. 

In 1818 the Congress of the United States f^lt the importance of 
remodelling the law upon the subject of American interference in dis- 
putes between foreign nations, and in an act passed on 20th April, 
which repeals all former laws upon the subject, adopted a most whole- 
some law, which, though varying somewhat from former enactments, 
is the same in all essential points. Mr. Van Dyke referred to this 
act at length. 

The defendants are indicted under the provisions of the second sec- 
tion of this act. The grand jury have found several bills of indict- 
ment against them for the various violations of this law, which seemed 
to them susceptible of the most easy proof. 

It will be observed that the crime mentioned in this section consists 
in the doing of various acts. You will be instructed by the court 
that: you must be satisfied of certain propositions which it will be my 
duty to submit to your consideration. 

First. It will be necessary for the government to satisfy you that 
the act complained of was committed within tlie territory of the United 
States. 



IN THE UNITED STATES. 107 

Second. That tlie defendants, or either of them, enlisted or entered 
himself, respectively, in the service of a foreign prince, state, colony, 
district or people, as a soldier, or as a' mariner or seaman on board 
any vessel of war, letter of marque, or privateer. 

Third. That the defendants, or either of them, hired or retained 
another person to enlist or enter himself in such service. 

Fourth. That the defendants, or either of them, hired or retained 
another person to go beyond the limits or jurisdiction of the United 
States, with the intent to be enlisted or entered in such service. 

Upon the first point I remark : that if from the evidence you 
are satisfied that the acts complained of were not committed within 
the limits of the United States, and also within the limits of the ju- 
risdiction of this court, which is bounded by those counties forming 
the eastern district of Pennsylvania, it will be your duty to acquit 
both the defendants on all the bills now laid before you. 

Upon this point, however, gentlemen, I think you will have no 
trouble. The evidence will be conclusive that whatever was done by 
the defendants was done within the eastern district of Pennsylvania. 

Upon tlie second point you are relieved from any inquiry, there 
being no charge in the indictments that the defendants, or either of 
them, enlisted himself in any foreign service. 

Having found, however, tlie first point in favor of the government, 
your investigations will be directed to the third and fourth points of 
inquiry, viz: Did the defendants, or either of them, at the various 
times specified in the various bills under consideration, hire or retain 
any or all of the persons mentioned to be enlisted or entered in a 
foreign service ; or did they hire or retain any or all of the persons 
mentioned in these bills to go beyond the limits of the United States, 
with the intent to be enlisted or entered in such foreign service? If 
either, or both, then you will find them, or either of them, guilty on 
such counts in the indictments as are applicable to the facts upon 
which you base your conclusions. 

The court, I am of opinion, will inform you that the intent men- 
tioned in the act refers to the intention of the party enlisted, hired, 
or retained. Not that such an intent must be an absolute determina- 
tion to enlist when arriving beyond the limits of the United States ; 
but the crime charged against the defendants being the hiring of 
some other persons^ which other persons must have the intent, it is 
sufficient ground for conviction, if, from all the testimony, you are 
satisfied that the defendants, at the time they so hired or retained any 
other jjerson, believed it to be the bona-fide intention of the jierson so 
bired or retained to enlist or enter such foreign service when he 
should arrive beyond the limits of the United States. Upon this point, 
however, gentlemen, you will have no difiiculty upon many of the 
bills, as I shall be able to prove to your entire satisfaction — first, that 
the defendant Hertz thought the recruit had such intention ; and 
secondly, that the recruit did, in fact, agree to depart from our juris- 
diction with intent to enlist. 

Having thus briefly reviewed the political policy of our government, 
and the law applicable to the present prosecution, permit me to call 
your attention to the facts as I shall be able to present them to your 



108 BRITISH RECRUITMENT 

serious consideration. So far as applicable to the prosecution^ they 
are easily undei;stood. 

I have said that the war in the Crimea was conducted hy the British, 
French, and other nations, as allies, against the single power of 
Russia. I have said that the consequences of that war liad been 
dis/lstrous to the besieging parties, and that the signs of the times 
indicated a still more humiliating fate. The English army having 
met tlie most serious losses, the government of Great Britain, in 
direct violation of her duty towards us, and with a design of mis- 
leading these residents of the United States who did not fully com- 
prehend the nature of our laws, devised a plan for the purpose of 
partially regaining the position and standing which, in the absence 
of the proper exercise of the advanced military experience of the age, 
they had lost. 

A plan for this purpose was adopted and attempted to be carried 
out, by his excellency John F. Crampton, the minister plenipoten- 
tiary of her Majesty, assisted by several agents of the British govern- 
ment, within the territory and jurisdiction of the United States ; and 
I think you will be satisfied that Mr. Crampton thus acted with the 
knowledge and approbation of his government. This higli functionary 
of that government made contracts and agreements with certain per- 
sons, known in this country as able and efficient officers in the various 
conflicts which have recently taken place on the continent of Europe. 
The parties thus contracted with were to commence a system of re- 
cruiting men within our territorial limits. 

There will be examined before you two or three individuals who 
were engaged in carrying out this plan, and who on various occasions 
had interviews with Mr. Crampton, and with him adjusted and per- 
fected the programme for this enlistment. Mr. Howe, Sir Gaspard 
le Marchant, Governor of Nova Scotia, Mr. Wilkins, his secretary, 
Mr. Barclay, the British consul at New York, and other British 
representatives in power, also assisted in and directed this flagrant 
violation of our law. 

In the perfecting of this general design, Mr. Howe came to Phila- 
delphia, and endeavored to make an arrangement with Colonel Rum- 
berg, well known here for many years as one of the publishers of the 
German Democrat, and now known as one of the editors of the Ger- 
man Adopted American, published in Philadelphia and Pottsville. 
Mr. Howe brought to this gentleman a proclamation, which will be 
submitted to you, calling for enlistments within the United States to 
serve in the foreign legion, then forming at Halifax. Colonel Rum- 
berg was at first pleased with the proposition, and felt disposed to lend 
his aid in its furtherance ; but afterwards, upon being informed that 
such enlistments were a violation of the laws of the United States, 
and that he might get into difficulties, he abandoned it. He however 
translated the proch\raation for Mr. Howe, and, having met Mr. Hertz 
and Mr. Howe together at Jones's hotel, he published the proclama- 
tion in his paper for Mr. Hertz. 

Arrangements were made by Mr. Howe and Mr. Crampton with 
the defendant Hertz, who, for them, undertook the enlistment of men 
at his office, which he opened for that purpose, at 68 South Third 



IN THE UNITED STATES. 109 

street. Mr. Hertz published and paid for the proclamation for these 
recruits in various newspapers. That proclamation was signed by 
Lewis M. Wilkins, secretary of the provincial government of Nova 
Scotia, and calLs npon persons to enlist in the foreign legion. 

Wliile tliis matter was going on, Captain Strobel was either sent for 
by Mr. Crampton, or came himself to him — I do not recollect which 
— and entered into negotiations with him for carrying on this business. 
Mr. Crampton told Strobel that he had written to his home govern- 
ment for the purpose of learning what arrangements should be made 
in this country for enlisting soldiers, and had not yet received a reply ; 
but as soon as he received it he would let him know. A short time 
afterwards he wrote him a note, informing him that he had received 
the reply, and was prepared to enter into the proper arrangements for 
carrying on the enlistment. They met together, and Mr. Strobel 
prepared for him a plan which he had devised for the purpose of re- 
cruiting men in the United States, and taking them beyond our 
borders to serve in the " legion." The plan, with some alterations, 
was adopted by Mr. Crampton, and Mr. Strobel was sent through the 
large cities of the United States to establish \arious recruiting offices. 
I give the most prominent facts, merely running over them as briefly 
as possible. After having first gone to New York, he came to Phila- 
delphia and met Mr. Hertz, who was then engaged enlisting men in 
this city^ and who had a number already enlisted. Mr. Hertz had, 
up to the 24th of March, one hundred men, whom Mr. Strobel Avas to 
take to Halifax ; and on the 25th of March they sailed in the steamer 
Delaware ])ound for that place. These men were enlisted at Hertz's 
office. No. 68 South Third street, whither the advertisements had 
called them. Mr. Strobel saw them there enlisted, and to a certain 
extent assisted in enlisting them ; and on Sunday, the 25tli of March, 
he sailed in the steamer Delaware with about seventy-five men, the 
rest having deserted between the time of hiring or engagement and 
the time of sailing. These men were taken to Halifax by Captain 
Strobel, and there examined and attested ; were placed in the bar- 
racks, and a short time afterwards sailed for Portsmouth, England. 
On the following Wednesday Mr. Hertz had made an arrangement 
to send another company of recruits from the United States, in charge 
of a person named William Budd, a very intelligent and good officer, 
whom he had also engaged to go beyond the limits of the United 
States, with the intent of entering into the British service. The 
officers of tlie United States having learned that this recruiting was 
going on, devised, in pursuance of directions from the administration 
at Washington, the means for stop])ing it ; and after Mr. Budd, with 
his company, had embarked from Pine street, on board the steamer 
Sanford, being furnished by Mr. Hertz with free tickets for a passage 
to New York, where they Avere to get others from Mr. Howe to take 
them the rest of the journey, and had progressed as far as the navy 
yard, the U. S. marshal, having a warrant, went on board and ar- 
rested the whole company and brought them to Piiiladelphia, where 
the parties who had assisted them, together with the papers in their 
office, were taken in charge. 

That Mr. Hertz was engaged in wilfully violating the law is proved 



110 BRITISH RECRUITMENT 

by several circumstances connected with the case. He had the proc- 
lamation, in the shape of a handbill, printed and posted in the streets 
of Phihxdelphia, and paid for publishing the proclamation in the 
Ledger and Pennsijlvanian. He took an advertisement to the Grerman 
Democrat, which called for reci'uits for the foreign legion, and had an 
office opened, and individuals there to assist him in taking down the 
names of those who applied, and examining them to see if they would 
be received. He there told them that they would get thirty dollars 
bounty and eight dollars a month, and also stated that various per- 
sons would receive commissions. He also gave them tickets for their 
passage to New York, some of which tickets were taken from those 
arrested, and will be produced. During the whole of his enlistment, 
the defendant Hertz was actively engaged in procuring men for that 
purpose. 

Arrests having been made in all parts of the United States, of per- 
sons engaged in this business, the representatives of her Majesty in 
this country became somewhat alarmed as to the results. Mr. Cramp- 
ton tlien made arrangements with Mr. Strobel and one Dr. Ruess, 
who met him at Halifax, and devised plans as to the manner in which 
the recruiting was thereafter to be conducted in the United States ; 
and on the 15th of May, or thereabouts, the whole programme of 
proceedings was changed by his excellency the British minister and 
Sir Gaspard le Marcliant, governor of Nova Scotia. They then de- 
vised a new plan of violating the national sovereignty of the United 
States, and of evading our laws enforcing neutrality — not a very 
praiseworthy occupation within the borders of a friendly government, 
for the dignified representative of the self-styled mistress of the seas; 
but it was an occupation which, if permitted by our people, might have 
destroyed the most amicable and friendly relations which exist, and 
which I trust may ever continue, between the United States and the 
Russian government. Mr. Crampton and his associate representatives 
of Great Britain on this continent gave directions to Captain Strobel 
to repair immediately to all the recruiting offices in the United States, 
and order the persons engaged in those offices to adopt the system 
which they had prepared for the guidance of the recruiting agents ; 
giving to these agents at the same time a caution, that should they 
be unsuccessful in evading the laws and eluding the authorities of the 
United States, they could hope for no protection from the British 
government ; that is, the British government was willing to accept 
the advantage of the successful criminal conduct of all their minister 
and his recruiting agents, but refuse to defend or assist those agents 
if they should be so unfortunate as to be detected. Honorable and 
generous Great Britain ! and oh ! most faithful British Ministers ! ! 

The ruse then adopted was to send men to Canada and Halifax, 
under the pretence of engaging them on the railroad, and when there 
to enlist them in the army. For the purpose of carrying out this 
object, regular written instructions were given by Mr. Crampton to 
Mr. Strobel, who, with Dr. Ruess and other officers, started in com- 
pany with Mr. Crampton to the United States. Some of these officers ' 
afterwards left the service of her Majesty, and, as was their duty, have 



IN THE UNITED STATES. Ill 

since expressed their willingness to disclose all their knowledge in 
su]iport of the prosecutions which have been commenced. 

The active connexion and co-operation of nearly all the representa- 
tives of her Majesty in this general design, will be made clear to you 
by imimpeached testimony. I think I can say with confidence that 
his excellency John F. Crampton, minister extraordinary, &c. ; his 
excellency Sir G-aspard le Marchant, governor of Nova Scotia ; his 
excellency Sir Edmund Head, governor of Canada ; Sir Joseph Howe ; 
Lewis M. Wilkins^ provincial secretary of Nova Scotia, and at least 
one British consul, directed this course of conduct. All these gentle- 
men, it will be in evidence to you, have, with Mr. Hertz, the defendant, 
taken an active part in directing the commission of the crime charged ; 
and whether or not by a bold attempt to disguise their real object, is 
a matter of very little importance. 

The oral testimony of the witnesses will, in some most material and 
important facts, be corroborated by written documents. I shall be 
able to produce to you some five or six original letters and notes of 
Mr. Crampton, and also the original instructions to the agents, as to 
the mode in which the enlistments were to be conducted in the United 
States. You will also have in evidence the original proclamation or 
advertisement in the handwriting of Sir Joseph Howe, inviting per- 
sons to enlist in the foreign legion, asAvell as several other letters and 
papers of considerable importance on the points in issue. 

I take it, gentlemen, briefly to conclude what I have to say to you 
at this stage of the proceedings, that if I show that either or both of 
these defendants, in conformity with this general design of the British 
government, were engaged in thus enlisting, or hiring or retaining 
any person to be enlisted, I have made out a clear case. I am free 
to admit that the evidence against one of the defendants is not of the 
most conclusive character, he not being known as being |)ositively en- 
gaged in enlisting, liiring, or retaining any particular person, 
although he was in talking and giving directions on the subject. The 
court v/ill instruct you how far a person must go in order to commit 
this crime, and whether the fact of Perkins sending a man to Hertz, 
for Hertz to enlist him, constituted a crime on the part of Perkins. 

I shall prove to you distinctly, by unimpeachable evidence, that 
all the persons mentioned in all of these bills have been enlisted by 
the defendant Hertz, in the first place in the service of her Most 
Gracious Majesty the Queen of Great Britain, and, if not enlisted 
within the jurisdiction of the United States, that he has hired and re- 
tained each and every one of these individuals, and many more, to go 
beyond that jurisdiction, to wit : to Halifax, in Nova Scotia, for the 
purpose of being there enlisted in a foreign legion destined for the 
Crimea, to engage in the battles of the allies. If I prove these facts, 
I can safely ask at your hands a verdict against him for one of the 
most flagrant violations of the national sovereignty of this country 
which has ever been known to have been perpetrated within its 
borders. First, a violation of our law ; second, a violation of the 
confidence reposed in a high representative functionary ; and thirdly, 
a violation of the sympathies, and a national insult to the sentiments 
and the feeling of our people. 



112 BRITISH RECRUITMENT 

Max F. 0. Strohel, sworn. 

After the witness was sworn, Mr. Kemak desired tlie district at- 
torney to state distinctly what he intended to prove by him. 

Mr. Van Dyke said he liad no objection to doing so, but he thought 
it wouhl occupy too much time. 

Judge Kane said tliat he preferred tliat the witness should be ex- 
amined in the first instance, without being distinctly apprized of all 
the facts about which he was to testify. 

Examination by Mr. Van Dyke. 

Q. Of what country are you ? 

A. I am from Bavaria. 

Q. Have you been in military service ? 

A. Yes, sir, in the Bavarian service, in the artillery. 

Q. Have you ever been in war ? 

A. Yes, sir, I have joined the revolutionists in Bavaria. 

Q. In 1848? 

A. During the revolution in the year 1849. 

Q. How did you happen to leave the service? 

A. Well, we were defeated, and obliged to leave Baden and go into 
Switzerland; then I stopped there, and travelled through France and 
England until 1851. On the 13th of May, 1851, I embarked at 
Havre and came to this country, and arrived here in June, 1851. On 
the 23d of June, 1851, I came to this country ; I was in New York 
several weeks, and then went to Washington, and there got em- 
ployment in the Coast Survey Office. I was there until 1853, when 
I went out with the expedition to Oregon, under Governor Stevens. 
I went up with him to Minnesota ; I left his party out on the plains 
on Bed river, and came back to Minnesota on the 7th of September, 
1853, and came down to St. Louis, and started with Col. Fremont on 
his winter expedition to San Francisco about this great Pacific rail- 
road ; I have been assistant topographical engineer of Col. Fremont ; 
I left San Francisco on the first of May, 1854 ; I crossed the isthmus 
and came back with our Indians, and brought them up to Kansas 
again. From there I went back to Washington city, where I finished 
the maps for the works of Col. Fremont, which I suppose are now 
before Congress. 

Q. When did you finish the maps ? 

A. I finished them in the end of August, 1854. I then received a 
letter of recommendation from Mr. Benton to the different directors of 
railroads to secure me a position as engineer. I went with this recom- 
mendation or letter of introduction to Missouri. I took sick there, 
and was obliged to leave the valley of the Mississippi and come back 
to Washington city. When I came back to Washington I was en- 
gaged in the Pacific railroad office, at that time established in Wash- 
ington, and Avas at work there until the first of February. In the 
end of January I saw Mr. Crampton, and received from Mr. Cramp- 
ton the reply. 

Q. State the whole conversation which took place between you 
and Crampton. 

A. I received from Crampton the reply that he could not tell me 



IN THE UNITED STATES. 113 

at tliat moment what could be done. I said to Crampton tliat I be- 
lieved in this very time, as it was in the winter time, 

Q. Last winter ? 

A. Yes, sir ; that many people were out of work in New York and 
other places, and it would be very eas}' to raise men for this " foreign 
legion" that the English Parliament had agreed to establish. 
Crampton told me that he believed so himself, but at that moment 
he had no orders from the home government to do anything in the 
matter, and that he would let me knov/ as soon as lie received any 
communication from home. A few days afterwards, I suppose on the 
28th of February, I received a letter from Mr. Crampton. 

Q. Is this the letter ? 

A. Yes, sir. 

Q. And this the envelope in wliich it was enclosed? 

A. Yes, sir. 

The letter was here read in evidence as follows : 

'' Washington, February 4, 1855. 

"Sir: With reference to our late conversation, I am now able to 
give you more precise information in regard to the subject to which 
it related. I remain, sir, your obedient servant, 

"JOHN F. CKAMPTON. 

"Mr. Max Strobel." 

After receiving this letter, I went to see Mr. Crampton the next 
morning ; Mr. Crampton told me that he had received letters from 
home, and that he was willing now to raise men here in the jurisdic- 
tion of the United States for a British foreign legion, which should 
be established either in Nova Scotia or in Canada. 

Q. Did he use the words "within the jurisdiction of the United 
States?" 

A. Yes_, within the jurisdiction of the United States. 

Q. He used those precise words, did he? 

A. Yes, sir; but he was not sure at that time whether the main 
depot should be at Halifax or in Canada, and he was obliged to make 
arrangements with the governor general of Canada. At the very 
same time he gave me a letter of introduction to the British consul in 
New York, Mr. Barclay, in which he states that I am already ac- 
quainted with this matter, and that Mr. Barclay might receive me 
and talk with me about this subject, and that I should make prepa- 
rations in New York for getting men. He told me at the very 
same time he would send a messenger to the governor-general of 
Canada. I went to New York and delivered my letter to Mr. 
Barclay. 

Q. What was this messenger sent for? 

A. To arrange matters about a depot or place where we could send 
these men whom we got here in the States. I was waiting in New 
York for the return of this messenger for several weeks. The mes- 
senger returned, and was sent again, and no understanding could be 
made between Sir Edmund Head and Mr. Crampton, (Head is gov- 
ernor general of Canada ;) because, during that time, the governor of 
Ex. Doc. 35 8 



114 BRITISH RECRUITMENT 

JSTova Scotia had received orders from England to commence a new 
depot at Halifax, and to try and get men in the United States for 
this service. 

Q. The arrangement vras not made hy the messenger sent to Canada 
to Sir Edmund Head, because he had received a letter from the gov- 
ernor of Nova Scotia, stating that he had received orders from Eng- 
land to make Halifax the depot? 

A. Yes, sir. The reason for sending all the men to Halifax was 
the order that the governor of Nova Scotia received from England. 
During that time I went back to Philadelphia. It was on the 10th 
or 11th of March, 1855, when I came back to Philadelphia. I 
learned from a friend of mine — a certain Dr. Biell, who is now regi- 
mental surgeon in this foreign legion — that Mr. Hertz had received 
letters — one from England, another one from Mr. Crampton, though 
I do not know positively ; I am not certain where it was from — and that 
he had spoken to this Dr. Biell, and told him he was able to procure 
him a commission in this foreign legion. 

Q. In consequence of what l3r. Biell told you, state what you did? 

A. I went to Hertz and had a conversation with Hertz about this 
matter. 

Q. Where was he? 

A. He was in his office, No. 68 South Third street, opposite the 
Exchange. I saw then Mr. Hertz, and from that time (9 o'clock a. 
m.) I was with Mr. Hertz until 3 o'clock p. m., where, in pursuance 
of the advertisements, men came and wrote their names down on a 
book, and agreed to enter the foreign legion at Halifax. 

Q. Have you ever seen a bill like this? 

A. I have seen this handbill. 

Q. Where? 

A. In Mr. Hertz's office. 

[The bill was here read in evidence. It reads as follows :] 

"MEN WANTED FOR HER MAJESTY'S SERVICE. 
(Arms of Great Britain, with mottoes.) 

"Provincial Secretary's Office, 

" Halifax, Nova Scotia, Blarcli 15, 1855. 

'' The lieutenant governor of Nova Scotia having been employed to 
embody a foreign legion, and to raise British regiments for service in 
the provinces or abroad, notice is hereby given, that all able-bodied men 
between the ages of 19 and 40, on applying at the depot in Halifax, 
will receive a bounty of £6 sterling, (equal to $30,) and on being 
enrolled, will receive $8 per month, Avith the clotliing, quarters, and 
other advantages to which British soldiers are entitled. 

"Preference will be given to men who have already seen service. 

" The period of enlistment will be from three to five years, at the 
option of the British government. 

" Officers who have served will be eligible for commissions. _ Grentle- 
men who wish to come into the province will please lodge their names, 
rank, date of service, &c., at the office. 

"Persons who serve in the foreign legion will, on the expiration of 



IN THE UNITED STATES. 116 

fheir term, he entitled to a free passage to America, or to the countrj 
of their hirth. 

" Pensions or gratuities, for distinguished services in the field, will 
be given. 

" Nova Scotian and other shipmasters who may bring into this 
province poor men willing to serve her Majesty, will be entitled to 
receive the cost of a passage for each man shipped from Philadelphia, 
New York, or Boston. 

" Bv command: 

"LEWIS M. WILKINS, 
' ' Provincial Secretary. ' ' 

Q. (Another bill here shown to witness.) Have you ever seen thii? 
bill? 

A. I have, in Detroit. 

[The bill was here read in evidence. It read as follows :] 

" NOTICE. 

" A foreign legion is now being raised in Halifax, Nova Scotia. 
Persons wishing to join the legion will receive a BOUNTr of £6 ster- 
ling, or |30 ; from winch a deduction of $5, for travelling expenses to 
Nova Scotia, will be made. Besides good rations and quarters, men 
will receive $8 a month as pay. 

" The period of enlisimcnt is three or five years, at tlie oi)tion of the 
applicant. 

"For extraordinary service in the field, or wounds, bounties and 
PENSIONS FOR LiiE will be granted. Besides which, there is now a pro- 
ject in view, and which will undoubtedly be carried out, to give to 
each soldier, at the expiration of his term of service, fifty acres, and 
to each non-commissioned ofiicer one liundred acres of land in Canada. 

" All who are inclined to enter the service under the foregoing very 
favorable conditions, are hereby invited to apply at Niagara City, 
Butler Barracks, or at the Windsor Castle, Windsor, C. W." 

Q. (Another bill shown witness.) Did you ever see this bill? 

A. Yes, sir ; I had that printed in Detroit. 

Mr. Van Dyke. It is a German bill. 

Mr. Kemak. The paper was printed to the order of the witness. 

Judge Kane. The paper now presented is part of the general trans- 
action, which does not directly afl'ect the person on trial. It is like 
the letter of Mr. Crampton which was read a short time ago, and is a 
portion of the general narrative. 

Question by Mr. Van Dyke. Is that a true translation attached to 
the German handbill? 

A. Yes, sir. 

[The translation was here read in evidence. It read as follows :] 

"NOTICE. 
" In Halifax, Nova Scotia, a foreign legion will be formed. Every- 
one who will enter into this legion, which is for the most part com- 
posed of Germans, and has German officers, is entitled to a bounty of 
£6 sterling, or $30; from which, however, $5 for travelling expenses 
to Nova Scotia Avill be taken oflP. 



116 BRITISH RECRUITMENT 

''Moreover, every man will receive full and good maintenance, be- 
sides $8 a month pay. 

"The time of service is according to pleasure, 3 or 5 years. 

"For extraordinary services in the field, or wounds, bounties and 
pensions for the whole lifetime will be given. It is also truly in pros- 
pect, that every soldier, on the running out of his time of service, will 
obtain 50 acres, and every non-commissioned officer 100 acres of land 
in Canada, as his own property. 

"Every one who is disjiosed to fall in with these conditions is hereby 
notified to repair to the Niagara barrack, not far from Queenstown, 
Canada West, at the depot there established." 

Q. You say you went to Mr. Hertz, and you saw the recruits sign 
the book there ; look at that book and say if that is it ? 

A. That is the book. 

Q, Where did you see that book ? 

A. At Mr. Hertz's office. 

Q. Did you see any of the parties signing it? 

A. Yes, sir, [looking at the book] there is the handwriting of some 
men. 

Q. Will you read me the names of the men you saw sign ? 

A. The names of the officers were cut out. 

Q. Do you recollect the name of Joseph Purnell? 

A. Yes, sir; I recollect the names of all the men in my company. 

Q. Go on and state what you did after the men enlisted. 

A. After we had more than 100 men, we gave them cards, and 
told them we would be ready to start on Sunday, the 25th of March^ 
1855, on the steaijier Delaware, in the morning, for New York. 

Q. What did you tell, or Hertz tell, these men? If you told them 
anything, what was the understanding? 

A. The understanding was, that those men who signed this book — 

Judge Kane. Was the understanding announced in the presence of 
Mr. Hertz? 

Witness. Yes, sir ; in the presence of Mr. Hertz the men were told 
that there was a foreign legion now established at Halifax, and that Mr. 
Hertz would send them to Halifax, to the foreign legion, to enlist in 
it ; every man that is well, and able-bodied, and willing to enlist in 
this foreign legion, shall have a free passage, and $30 bounty, and $8 a 
month pay ; and the men who agreed to be attached to this foreign 
legion signed this very book. 

Q. Who said that they should sign that book ? 

A. Mr. Hertz ; and they signed this book with the understanding 
to go to Halifax and enlist in the foreign legion ; and it was also told 
to those men that an officer should go in their company, and I was 
called captain of those men before I started, and was introduced to 
them, before v/e started, as their captain ; I was to take that company. 
I recollect Palattre and Purnell very well. 

Mr. Van Dyke here asked the witness whether he recollected the 
names of the various persons who composed his company? when he 
replied, that he remembered the following, besides some sixty more 
whose names he did not recollect : 



IN THE UNITED STATES. llT 

F. P. Garrier, Jacob Branning, Fredrick Fuss, Hugli Killen, Fred. 
Ferdinand Bostandig, Emanual Urnheart, Edward Kollnn, Carl 
Mulilenliausen, John Sclia^fFold, Petriis Pauls, John Koelornus, Jacob 
Blecher, Foley Worrell, Rudolph Charles Piuth, Peter Ropert, Ed. 
Dobeller, Jacob Roth, Pierce Pelattre, Joseph Purnell, Gustav. 
Prothe, Gunther Leopold ISTeisbaum, Wilhelm Heinrich, Karl Alten- 
berg, Karl Barthold, Johann Baumiescher, F. Ulrich. 
Q. Were all these persons in your company? 
A. Yes, sir. 

Q. How many more went -with you ? * 

A. Well, I started from here with about 75 or 76 men, and two 
officers, Lieutenant Essen and Lieutenant Schumann, on the steamer 
Delaware, to Ne^v York. 

Q. When did you leave here ? 
_ A. On Sunday, the 25th of March, early in the morning, and ar- 
rived in New York on Monday morning about five o'clock. 
Q. Well, sir, when you got in New York what did you do? 
A. I came to New York in the morning at five o'clock, and left my 
men on hoard the boat, as I was not furnished with means enouo-li, 
as I had received only some money from Hertz. I had received tick- 
ets and $25 to go on to New York, and I was there to receive more 
money. 

Q. Was that money given you for the purpose of taking this com- 
pany on ? 

A. Certainly ; and I was to receive liirther means in New York 
to take the men on to Halifax. 

Q. When you got to New York what did you do? 
A. I went to see Mr. Barclay, the British consul at New York; and 
when I got there, Mr. Barclay sent me to Delmonico's to see Mr. 
Howe. The Hon. Joseph Howe was, at that time, agent from the 
British government in this recruiting business in the States. He 
was living at Delmonico's. I saw Mr. Bucknell, not Howe. He 
told me 1 should be furnished with means as early as possible before 
10 o'clock; I had to divide the men in different taverns, and keep 
them together there for three days. At last I was furnished with 
tickets and means to start with these men for Boston, where an En- 
glish brig, the America, w^as waiting there to receive us and take us 
on board to take us to Halifax. Mr. Hertz, in the presence of Mr. 
Bucknell and Mr. Turnbull, told me this. 

Q. Row did Mr. Hertz get to New York, if you left him in Phila- 
delphia when you sailed? 

A. I travelled with the boat, and Mr. Hertz took the railroad. Mr. 
Howe or Bucknell was to be applied to to let me have the necessary 
means to go on with the company. I received this monev in New 
York, through Mr. Hertz, at the.beginning of the dav, andj before I 
started, some from Mr. Bucknell. I left New York on the Stonington 
road, and came to Boston. 1 arrived there about five o'clock in the 
morning with all the men, and found this brig, the America, ready 
to take us on board and bring us to Halifax. I embarked my men. 
Q. Did you get this money from Hertz, or Howe? 
A. No, sir; from Mr. Bucknell. 



118 BRITISH RECRUITMENT 

Q. Did you see Ilowe in New York? 

A. I saw Howe in New York at the time, and received a letter from 
Mr. Howe to Sir Gaspard le Marchant. I told him I had so many 
men in town, and wanted some money, and that I wanted tickets and 
a letter to 8ir Gaspard le Marchant. 

Q. The tickets you ^^oi in Fliiladelphia only carried you to New 
York, on the steamer Delaware, then ? 
A. Yes, sir. 

Q. And you went to Howe and told him you wanted tickets, and a 
letter to the governor, and some money ? 

A. He gave me a letter, and Mr. Hertz and Bucknell gave me the 
money. 

Q. Who was Bucknell ? 
A. He was a civil engineer. 
Q. Was he with Mr. Howe? 

A. He was with Mr. Howe, hut I do not know whether he was en- 
gaged by Howe only for the purposes of this business or not; I made 
the acquaintance of Bucknell only a iew days before; I saw Mr. Hertz 
in New York at the time ; Hertz told me I was to go on as soon as 
possible. I was anxious to get the men away from New York, and 
he promised to see Howe and get money; he kept me twenty-four 
hours trying to get money ; he gave me the money, subsequently 
getting it from Howe ; I embarked from pier B, in New York, and 
went on the Stonington road to Boston ; I got there at five o'clock, 
and Avent around with all my men to the T-wharf, in Boston, and 
found there the vessel which I was promised I would find. 
Q. Who promised you? 

A. Mr. Bucknell. When I came to this vessel it was in the morning, 
between 6 and 7. I embarked my men at once; I gave them break- 
fast, and started at half-past 8 o'clock for Halifax, and arrived there 
on the 30th of March. When I came to Halifax, tlie vessel went 
into a private wharf, and I was put on shore to report myself to the 
provincial secretary and Sir Gaspard le Marcliant. 
Q. Who was provincial secretary? 
A. Mr. Wilkins. 

Q. Is he the man who signs this proclamation? 
A. Yes, sir. • 

Q. Lewis M. Wilkins ? 
A. Yes, sir. 

Q. When you got to the wharf, you went on shore to report yourself 
to Wilkins ? 

A. I did so. The vessel was ordered to the royal wharf, and 

during that time I met some regimental surgeons and some officers 

of the"7Gth regiment, some of the artillery. Afterwards Sir Gaspard 

le Marchant, governor of Nova Scotia, himself, came to the T-wharf. 

Judge Kane. The "T-wharf?" 

Witness. The " Queen's wharf." He ordered me to file the com- 
pany in, and show them; I did so, and Sir Gaspard le Marchant, 
with other officers, passed along by the men, and inspected the men ; 
I introduced these two men 1 had with me as lieutenants; they were 
received by the officers as officers ; and I received an order from le 



IN THE UNITED STATES. 119 

Marchant to marcli the men up to the hospital to have them exam- 
ined, and. afterwards to march them out to Melville island to have 
them attested. I marched them up to the hospital, and they were 
there examined, and two or three men rejected, and one kept back as 
sick. All the others I marched out to Melville island. There they 
had the British barracks and barracks erected for the foreign legion ; 
there the men were attested. After the man is enlisted, he has to be 
attested and sworn as a soldier. 

Judge Kane. What is attesting? 

Witness. There is a judge comes to the quarters of the soldiers, 
and then the ofificer is there, and the judge swears the soldiers in ; 
that is the act of attesting. 

Q. What is the form of the oatli? 

A. The form of the oath is, that we swear to serve her Majesty the 
Queen of England for a time — three or five years, or so many years as 
the soldiers agree upon ; in this case, the agreement was for three or 
five years, faithfully, and so on. 

Q. That is the form of the oath ? 

A. Yes, sir; that is the oath they administered to each of those 
men. 

Judge Kane. Is there any writing precedes it? 

A. It is not in writing, it is a printed form ; it is signed by the judge, 
and afterwards by witnesses ; I signed nearly all of them. 

Q. Is it signed by the recruit? 

A. Yes, sir ; it is signed by the recruit. After the men had been 
attested, I commenced the drill, and bye-and-bye the men received 
clothing and arms ; I was at Melville island, at the officers' quarters, 
with the other two officers and Dr. Biell, until the 10th of May ; I was 
entered on the army list, as were the other officers, and we received 
our pay and were treated as officers ; on the 9th or 11th of May Mr. 
Crampton himself came up to Halifax, in order to make better ar- 
rangements about this recruiting business, as many men had been 
arrested in tho States and kept back; on the 13th of May I received a 
letter from Lieutenant Preston, of the 7fith. 

Q. (Letter sliown witness.) Do you recollect this paper? 

A. That is the letter of Mr. Preston, in Halifax, when he told me 
that Mr. Cram])ton wanted to see me. 

Q. Who is Mr. Preston? 

A. Mr. Preston is lieutenant in tlie 76th regiment — the officer who 
has charge of the barracks in Niagara. 

The note was read as follows : 

"Tuesday, May 13, Halifax. 

" Dear Strobel : I am directed by the general to acquaint you that 
Mr. Crampton wants to see you at his house, at 10 o'clock to-morrow 
morning ; be punctual. If you like, come up to my house at half-past 
9 o'clock, and we will go together. 

" Yours truly. 

"J. W. PEESTON, 

" 76^/i Ilegiment." 



120 BRITISH RECRUITMENT 

Q. Where was he at the time? 

A. At the time he was at the fort in Halifax with his regiment ; 
the letter stated that Mr. Cnimpton wished to see me at his quarters 
at 10 o'clock on Sunday ; I Avent to see Crampton, and there I found 
Sir Gaspard le Marchant ; I went there with Preston, and I was 
ordered by Mr. Crampton to make a p]an out for him, in writing, to 
go to the United States — that is, to those cities of the United States 
which lie on the boundary line, such as Buifalo, Kochester, Cleveland, 
Toledo, Detroit, Oswego, and others ; I wrote a plan for him; I said 
that I would want so many officers, and for ever}^ officer a non-com- 
missioned officer. 

Judge Kane. Does the plan affect the parties on trial ? 

Mr. Van D^-ke. I think so ; it was after arrests had taken place 
in some of the western cities that the British minister determined to 
change the plan of enlistment in the States, and this witness says 
that, in pursuance of that determination^ he received a letter from 
Lieutenant Preston to call at the quarters of Mr. Crampton ; he called 
there, and Mr. Crampton told him that there had been some difficulty 
about the recruits, and wished him (Strobel) to prepare another plan, 
which, if adopted, would avoid that difficulty; he prepared this plan 
and submitted it to Mr. Crampton, and, if I understand it, the wit- 
ness will say that tlie plan was adopted by him with some little varia- 
tion, and the recruiting was carried on in the United States in accord- 
ance with this remodelled plan. 

Judge Kane. By either of these defendants in accordance with 
this plan? 

Mr. Van Dyke. If I may be permitted to anticipate the defence^ 
which must be done more or less in every case, it will be, I suppose, 
the same as made before the commissioner in relation to Budd's com- 
pany, that the men enlisted in Philadelphia, in that company, as the 
defendants allege, were nothing more or less than a set of men en- 
gaged to work on the railroad in Nova Scotia ; we intend to ghow by 
this, that Hertz, in so representing, was but carrying out the remodelled 
plan adopted more effectually by Mr. Crampton at Halifax. I shall 
show also, by other witnesses, that at a period subsequent to that of 
which the witness now speaks, and after the defendants were arrested, 
the defendant Hertz engaged one Baron Van Schvfatzenhorn and one 
Baron Schuminsky to carry on the enlisting business in Philadelphia, 
and that another company was enlisted by such agents of Hertz in a 
manner proposed by the remodelled plan. 

Mr. Kemak, in reply, stated that the witness had sworn that Hertz 
requested him to do certain things, and whatever resulted from that 
alleged fact was admissible. Mr. Strobel had given evidence in re- 
gard to drawing a plan, but he had not sworn that Hertz commission- 
ed him to devise or draw that plan. He might have been requested 
by Mr. Crampton to draw the plan, but the counsel for the defence 
could not see how that could affect, for the present, his client. He 
could not be responsible for the acts of Strobel, after Strobel had done 
what lie requested of him; and if he went beyond what was requested, 
he did it on his own responsibility. 

Judge Kane. The evidence taken in connexion with the offer of 



i 



IN THE UNITED STATES. 121 

the district attorney is admissible entirely as it stands, in tlie same 
category with evidence originally given hy him of concert of the 
officer with the British government. If it is not hronght home to 
either of the parties on trial by subsequent evidence, of course it will 
not affect them. 

Mr. Van Dyke. I do not wish my offer to be misapprehended by the 
counsel for the defence in any particular. I state distinctly to the 
court that I have evidence to show that there w\as a regular game 
played by her Majesty's envoy to evade the law ; that these men were 
seemingly engaged to work on a railroad, but in reality enlisted to 
serve in the foreign legion, and that they were told by Hertz, if any 
person questioned them, to reply that they had been engaged to work 
on a railroad in Nova Scotia. I have, for the prosecution^ to establish 
certain important facts : one is, that the sending of these men to Nova 
Scotia was for the purpose of their being enlisted in the foreign 
legion, and their sending them there as workmen on a railroad was 
a specious disguise, under which they hoped to evade the law of this 
country. If I show that this was their intention, it is certainly evi- 
dence, and the crime is proved, notwithstanding their attempt at 
evasion. 

Judge Kane. The evidence is admissible. 

Q. Did you prepare that plan ? 

A. I prepared it. 

Q. (Showing a paper.) Is that it ? 

A. Yes, sir ; it is my own handwriting ; it is the plan. 

Q. Was this submitted to Mr. Crampton ? 

A. Not this one. This was the copy I first made. I afterwards 
made a clear copy of it, which was submitted. 

Q. This, then, is the original copy, of Avliich a clear copy was made 
and submitted to Mr. Crampton? 

A. Yes, sir. 

The paper was here read in evidence as follows : 

" I have the honor to inform his excellency the envoy extraordi- 
nary of Great Britain in the United States, and his excellency Sir 
Gaspard le Marchant, the governor of Nova Scotia, of the plan I have 
ado])ted to raise the greatest possible number of men in several differ- 
ent cities of the United States on the boundaries of Canada. 

'' I wish to station in Buffalo Lieutenant Schumann with Corporal 
Both. 

" In Detroit;, Doctor Reuss with Corporal Kamper,' 

" In Cleveland, Doctor Aschenfeldt with Sergeant Krieger. 

'• Opposite to Detroit, Sergeant Barchet shall receive the individuals 
sent by Doctor Reuss, and liis duty will be to send them, as fast as 
they arrive, by railroad to Queenstown, where a depot must be estab- 
lished, and a magistrate a]ipointed to enlist and attest the men ; and 
it will be the business of the commanding officer of this depot, when 
a sufficient number is together, to send them by steamboat wherever 
his excellency may decide. Those officers stationed at the above-men- 
tioned cities will strictly follow the instructions given to them, 
through me, from his excellency, in regard to the manner and way 
to be used in encouraging and sending such individuals who are will- 



122 BRITISH RECRUITMENT 

ing or desirous of leaving the JJnited States to enlist in the British 
service. My intention in giving to each commissioned officer a non- 
commissioned officer as assistant, is to enable those gentlemen to find 
out said individuals, and to avoid the necessity of employing, for this 
purpose, strangers, who might easily deceive them. 

" My opinion is, that every officer, with the assistance of his non- 
commissioned officer, v»'ill he able to transact all the business without 
being compelled to hire regular agents or runners — that is, if the gen- 
tlemen know the proper way of managing. 

'^I Avill myself visit each of the places mentioned, and Avill particu- 
larly confine myself to where my presence will be most required. I shall 
also probably visit Chicago, where, doubtless, a great number of men 
may be got. We can then agree on reasonable terms for having them 
conveyed by railroad to Detroit, which expense, in my opinion, would 
not exceed $2 50 per head. 

" I saw all the officers and non-commissioned officers yesterday 
evening, and held a long conversation with them ; the result of which 
is, that we all perfectly understand each other, that they are all en- 
tirely satisfied, and that every one is willing to do his very best in 
regard to this matter. 

" I have also made estimates of all the expenses of the officers con- 
nected with this matter for the period of one month at their different 
points of destination, including their travelling expenses, which I 
take the liberty of laying before your excellencies. 

'^ Say the travelling expenses of the officers from this j'lace 

to their different stations, £10 sterling each $400 00 

•'To Scliumann_, Aschenfeldt, and Pkjuss, each $240 per 

month 720 00 

'^ [From this money each has to pay his non-commission- 
ed officer, and to meet all other expenses that may be ne- 
cessary in sending the men over on the Canadian side; pay of 
temporary agents, runners, and tavern-keepers, included.] 
" Pay for Weiss, Barchet, and other non-commissioned 

officers, $100 each 300 00 

"' My travelling expenses from town to town, hotel ex- 
penses, pay of my non-commissioned officer, and his 
travelling expenses 300 00 



1,720 00 



" Thus making a total amount of $1,*720, equal to £341 sterling. 

" This, or at most £360, would, in my opinion, be the amount re- 
qjiisite to enable ten officers to carry on operations for one month, 
and, with reasonable good fortune, to deliver on the Canadian shore 
a large number of serviceable able-bodied men, 

" I have the honor to remain, your excellencies' most obedient, 
humble servant." 

Q. Was that plan adopted ? 

A. That is the plan which was approved and adopted by Mr. Cramp- 
ton and Sir Gaspard le Marchant; and I received orders to bring next 



IN THE UNITED STATES. 123 

morning, at 11 o'cloclv, tlie officers mentioned tliere, four non-com- 
missioned officers of my compan}-, all attested men, and the soldiers to 
the provincial building, and meet there Sir Gaspard le Marchant and 
Mr. Crampton. I went there with those men ; I met there Mr. 
Crampton, Sir Gaspard le Marchant and Lieutenant Preston ; I was 
ordered to leave Halifax immediately and rejiair to the States, and I 
left Halifax in company with Mr. Crampton and Preston of the YGth, 
with officers and non-commissioned officers ; when I saw Mr. Cramp- 
ton there I was in uniform, and my non-commissioned officers were in 
uniform ; when we left they received civil clothes from the govern- 
ment there for this purpose, and went on with me ; when we came 
to Portland, Mr. Crampton gave me orders to go with him to Quebec 
to see Mr. Head, the governor-general of Canada, to have a perfect 
understanding about the depot and the means of sending men through 
Canada to Nova Scotia ; I went with him ; I saw Sir Edmund Head 
in the presence of Mr. Crampton ; I received letters from Sir Edmund 
Head to get barracks at Niagara ; these barracks were to receive the 
men who were sent out of the States to enlist in the foreign legion ; 
I received also at Sir Edmund's house — 

Judge Kane. I am anxious not to go beyond the limit of courtesy 
to a foreign government. I do not wish to penetrate what was done 
there, unless it appears connected with the persons now on trial. The 
district attorney must guide the witness after this suggestion, so as t6 
avoid the appearance of too close an inquiry into matters not clearly 
before this court as matters of judicial investigation. 

Mr. Van Dyke. I understand the suggestion of the court, and will 
try to keep the witness within the proper bounds. My whole object 
is to get the general plan of operations, and then to show tliat the ob- 
ject of the general plan was to procure men from the States to join 
this foreign legion, and that the defendant co-operated in that general 
plan. 

Q. (Paper shown.) AVill you look at that paper, and state what it is? 

A. It is the instructions I received at Quebec, in Sir Edmund 
Head's house, out of Mr. Crampton's own liands. The original was 
written in Mr. Crampton's own handwriting, and was written, at 
least part of it, in my presence in his room. This is a copy made 
from the original ; I made it for the purpose of preserving a copy. 
The original I gave back, in a report I made to Sir Gaspard le Mar- 
chant, in Halifax. That report stated what I had done to clear me 
of two charges made against me up there. 

Q. That, tlien, is a copy made from the original instructions of 
Crampton, as to your duty in the United States? 

A. That is a copy of the original instructions I received at this 
time from Mr. Crampton. 

The paper was being read as part of the evidence, when, on motion, 
a recess was taken for ten minutes. On the court re-assembling, the 
reading of the paper was concluded. It is as follows : 

" Memoranda for the guidance of those who are to make known to 
persons in the United States the terms and conditions upon which re- 
cruits will be received into the British army : 



124 BRITISH RECRUITMENT 

'^ 1. The parties wlio may go to Buffalo, Detroit, or Cleveland, for 
this purpose, must clearly understand tliat they must carefully re- 
frain from anything which would constitute a violation of the law of 
the United States. 

" 2. They must, therefore, avoid any act which might bear the ap- 
pearance of recruiting within the jurisdiction of the United States 
for a foreign service, or of hiring or retaining anybody to leave that 
jurisdiction with the intent to enlist in the service of a foreign power. 

[Both these acts are illegal by the act of Congress of 1818, sec. 2.] 

"4, There must be no collection, embodiment of men, or organiza- 
tion whatever, attempted within that jurisdiction. 

^'5. Xo promises or contracts^ written or verbal, on the subject of 
enlistment, must be entered into with any person within that juris- 
diction. 

"6. The information to be given will be, simply, that to those desiring 
to enlist in the British army, facilities w^ill be afforded for so doing, 
on their crossing the line into British territory; and the terms offered 
by the British government may be stated as a matter of information 
only, and not as implying any promise or engagement on the part of 
those sup2)lying such information, so long at least as they remain 
within American jurisdiction. 

,• ''7. It is essential to success, that no assemblages of persons should 
take place at beer-houses, or other similar places of entertainment, 
for the purpose of devising measures for enlisting ; and the parties 
should scrupulously avoid resorting to this or similar means of dis- 
seminating the desired information^ inasmuch as the attention of the 
American authorities would not fail to be called to such proceedings, 
which would, undoubtedly, be regarded by them as an attempt to 
carry on recruiting for a foreign power within the limits of the Uni- 
ted States ; and it certainly must be borne in mind that the institution 
of legal proceedings against any of the parties in question, even if 
they were to elude the penalty, would be fatal to the success of the 
enlistment itself. 

" 8. Should the strict observance of these points be neglected, and 
the parties thereby involve themselves in difficulty, they are hereby 
clistinctly apprized that they must expect no sort of aid or assistance 
from the British government ; this government would be compelled, 
by the clearest dictates of international duty, to disavow their pro- 
ceedings, and would, moreover, be absolved from all engagements 
contingent upon the success of the parties in obtaining, by legal 
means, soldiers for her Britannic Majesty's army." 

Examination continued by Mr. Van Dyke. 

Q. The paper just read you copied from the original one in the 
handwriting of Mr. Cramp ton? 

A. Yes, sir. 

Q. (Another paper shown witness.) In whose handwriting is this 
paperV 

A. At that very time ,1 also received thiscijiher to telegraph with to 
Mr. Crampton, and to Halifax, about this recruiting business : I can- 



IN THE UNITED STATES. 



125 



not swear as to whose handwriting it is in, but I believe it is Mr. 
Crampton's ; I did not see him write it, but he handed it to me. 
The paper was here given in evidence. The following is a copy : 



Letter. 


Cipher. 


Letter. 


Cipher 


"a 


J 


n 


q 


b 


V 





n 





J 


P 


c 


d 


1 


<1 


h 


e 


X 


r 





V 








1 


e 


s 


P 


g 


z 


t 


k 


h 


u 


u 


g 


i 


b 


V 


d 


.] 


w 


w 


m 


k 


t 


X 


r 


1 


a 


J 


i 


m 


s 


z 


{" 



Q. You Avere to telegraph him by this cipher, instead of the usual 
way ? 

A. Yes, sir. 

Q. What was the object in giving you this cipher ? 

A. Such ciphers were given to several officers — Mr. Smolenski, Mr. 
Cartensen, and men actually engaged in the recruiting business, re- 
ceived those ciphers. 

Q. Was it for the purpose of avoiding detection ? 

A. It was for the purpose of avoiding detection, and avoiding any 
difficulties with the authorities here. It was to enable me to tele- 
graph to Mr. Crampton, from every place I might visit, without the 
people in the telegraph offices understanding it. 

Q. Were all the officers sent on this recruiting to telegraph to 
Mr. Crampton as to their proceedings, and was that cipher to be 
used? 

A. Yes, sir. 

Q. (Card shown witness.) What is that? 

A. That is a card of invitation to Sir Gaspard's table, in Halifax, 
received on the 8th of April. 

The card was read as follows : 

" His excellency. Sir Gaspard, and Lady le Marchant, request the 
honor of Captain M. F. 0. Von Strobel's company at dinner, on Sun- 
day, 8th April, at \ to 7 o'clock. 



' ' Belvidere. 



An answer is requested. 



Q. Are these also cards of invitation to you? 
A. Yes, sir. 



The cards are here read as follows 



126 BRITISH RECRUITMENT 

"CoLOXEL Clarke, 

And the officers of the seventy-sixth regiment^ 

Request the honor of 

CA.PT. STROBEL AND THE OFFICERS OF THE FOREIGN LEGION, 

Company at dinner, 

On Wednesday, 18th April. An answer will oblige." 



'''Colonel Fraser, Colonel Strotherd, 

And the officers of the royal artillery and royal engineers, 

Bequest the honor of 

CAPTAIN MAX F. O. STROBEL'S 

Company at dinner. 

On Tuesday, the 3d Ajn'il, at seven o'clock. 

Artillery park. An ansioer is requested. 



Judge Kane. What are these papers for ? 

Mr. Van Dyke. To corroborate what the witness says. 

Judge Kane. When the witness is impeached, it will be time 
enough to corroborate wliat he says. 

Mr. Van Dyke. I withdraw this pa])er. 

Q. (Letter shown witness.) Did you receive that letter from Mr. 
McDonald ?^ 

A. Yes, sir. He is an officer in the provincial secretary's office. 

The letter was here read in evidence as follows : 

" Provincial Secretary's Office, 

" Hay 3, 1855. 

^' Dear Sir : I am directed by his excellency the lieutenant-gover- 
nor to introduce to you the bearer, Lieutenant Kuentzel. He comes 
with letters to Sir Gaspard from Mr. Crampton. You will please ex- 
plain to him the steps necessary for him to secure his commission. 

" Your obedient servant, 

''BRUCE McDonald. 

" Capt. Strobel, 1st Company Foreign Legion." 

Q. (Letter shown witness.) Do you recollect this letter? 

A. This is a letter written by Preston to me, while I was actively 
engaged in recruiting men in Buffalo^ Cleveland, Detroit, and other 
places. Mr. Preston liad, at that time, charge of the barracks in 
Niagara. 

The tetter was read in evidence. It is as follows : 

" Dear Smith : I send you tlie accompanying order, in currency, 
equal to £80 sterling, which please send me a receipt for by return of 
post. I find I cannot make any arrangement with the railroad peo- 



IN THE UNITED STATES. 127 

pie here. They say the tickets had better he paid for at Windsor ; 
whicli I think is best also, for then the men will come to me clear of 
expense, which is the intention. Tell Schumann and Dr. Aschenfeldt 
to telegraph me how they are getting on at once, and how many, or if 
they have got any men. Let me hear also from you. 

" Yours, truly, 
'' J. W. PRESTON, nWi iiegiment. 
''Niagara, 4th June, 1855." 

Witness. This Mr. Preston afterwards took command of the depot 
that was established in Niagara town. 

Q. This letter says "Dear Smith :" what was the meaning of that ? 

A. I was obliged to take that name, because I was known as being 
previously connected with enlisting in the States. 

Q. (Paper shown witness.) What is this? 

A. That is a telegraph I received from Preston. 

The paper was read in evidence, as follows : 

" Windsor, June 4, 1855. 

[Bj Telegraph from Niagara.] 

" How many men have you got? Money leaves here to-morrow 
morning by mail, on U. C. Bank — answer immediately. 

"J. W." PRESTON. 
"To Mr. Smith." 

Witness. Mr. Preston was the medium between myself and le 
Marchant. At Halifax, Preston received the orders from le Marchant 
and telegraphed them to me. 

Q. (Paper shown witness.) This is another telegraph from Preston^, 
is it not ? 

A. Yes, sir. 

The telegraphic despatch was read in evidence, as follows: 

[By Telegraph from Niagara.] 

"Windsor Castle, ^Jili June, 1855. 
" To Mr. Smith : Send in statement of money issued and how aj:)- 
plied. Tell all the others to send me similar statements ; until such 
arrive I cannot issue for next month. 

" J. W. PRESTON. 
(Paid.") 

Q. Go on and state what occurred after you left Quebec? 

A. I left Crampton in Quebec, and travelled with Preston and an- 
other English gentleman, Captain Bowls, to Montreal ; I there received 
orders for another English officer in Toronto, to give over to us the 
barracks in Niagara town ; Preston took charge of the barracks ; I 
met my officers whom I had sent from Portland to Niagara ; they were 
sent from Portland to Niagara Falls ; I met them at Niagara Falls, 
and di:-ected them to go to different places — to Cleveland, Detroit, and 
Buffalo; and afterwards 1 sent one non-commissioned officer to Chicago ; 
I was called back ; I commenced it about the 4th of June, and I was 
recalled on the 13th, and arrived back in Halifax ; I was recalled hj 



128 BRITISH RECRUITMENT 

the officers, because during tliis time I was only able to enlist sixty or 
seventy men, and Sir Gaspard expected a great many more ; and 
througli this, on account of the intrigues of Mr. Preston, and some 
other officers who were' anxious to receive commands in this foreign 
legion, I was recalled to Halifax ; I was charged with having kept two 
officers on the Canada shore instead of sending them all into the 
States ; and I myself, instead of travelling and going to Chicago, Cleve- 
land, and all around all the time to every place, was charged with 
stopping too long in one place — in Windsor. 

Q. Who made these charges ? 

A. They were made by Mr. Preston, and sent to Halifax. 

Q. Who sent to you and told you of them? 

A. Sir Gaspard le Marchant. He said that these charges had been 
made, and that was the reason I was sent for to Halifax. I requested 
a court-martial, and wrote a long account tole Marchant. I also sent 
it to Crampton, by a friend of mine, Mr. Ochlschlager ; my company 
was still at Melville island, under the command of one of the officers 
I left there. 

Q. You saw them there at that time ? 

A. I was forbidden to see the men, and the men had strict notice 
not to converse with me — at least the men received such notice the 
second day I was there. I told the governor-general, that under such 
circumstances I would leave, and the sergeant was put in irons, and 
fifty men of my company sent to prison, for conferring with me by 
sending to me their non-commissioned officer. I left Halifax with 
the America, and came back to the States, and since that time I have 
had nothing to do with this concern. I saw Hertz here afterwards. 
Mr. Crampton took the address of ever}'- one of the agents who had 
been engaged in recruiting at that time in Boston, New York, Phila- 
delphia, and Baltimore, and told me that he was going to see them. 

Q. Who did he take as the name of the person in Philadelphia? 

A. Mr. Hertz was the man recruiting in Pliiladelphia. 

Question by Mr. Ptemak. Who said so? 

A. Mr. Crampton took the names of different persons recruiting in 
different cities. 

Q. Whose name did he take as the person in Philadelphia? 

A. He knew the names already, but took the address of every one 
of those gentlemen. 

Q. From you? 

A. From me, those I had in my possession — the address of Captain 
Carstenson, of Boston, and other parties in New York ; of Smolensk!, 
and the address of a friend of mine in Baltimore. 

Q. Did Crampton take the address of Hertz from you? 

A. He said he knew all about the proceedings against Hertz, and 
when he came to Philadelphia he would settle with every one of those 
gentlemen, and arrange matters in a different way, because lie thought 
proper not to send men by the vessels any more, but by railroad into 
Canada. 

Q. Do you know about his giving any order about engaging emi- 
grant runners ? 

A. Yes, sir; he allowed me to pay every runner |4 for a man. 



IN THE UNITED STATES 129 

Q. Do you know what Hertz was to get for every man he sent ? 

A. 1 do not know exactly the amount Mr. Hertz received ; I know 
lie received money, and I know that they said in Halifax that Mr. 
Hertz 

Mr. Kemak. I object to that. 

Question, by Mr. Van Dyke. Did you ever hear Hertz, or any 
other person or persons in his presence, say that he received any money, 
and how much ? 

A. Yes, sir, I heard Mr. Hertz say he had received money, but never 
enough to cover his own expenses. 

Q, Did he tell you from whom he received it ? 

A. He told me he would receive money from Mr. Howe. 

Q. MHiat else did he say to you in reference to this matter ? 

A. Mr. Hertz told me he had connexion with the English govern- 
ment, and that Mr. Crampton and Mr. Howe were the proper agents 
for paying out the money, and giving tickets and giving recommend- 
ations for officers to get commissions. Mr. Hertz said so, and said he 
had instructions from the British government to that effect, and that 
he would receive head-money for the men. He mentioned Howe and 
Crampton as persons from whom he received it, 

Q. Did he mention any other? 

A. Not that I know of. 

Q. Was Mr. Bucknell known to Mr. Hertz? 

A. He did not mention him as a person engaged in it, or who had 
engaged him in it. 

Q, Did he mention any other besides Mr. Crampton and Mr. Howe? 

A. Not that I know of. 

Q. Not that you recollect ? 

A. I do not recollect any other person. 

Q. (Paper shown.) Is that the report you made to Mr. Crampton 
of the transaction? 

A. That is the report I made to Mr. Crampton. 

Q. Was it delivered to him ? 

A. I sent it to Washington, but the bearer did not find Mr. Cramp- 
ton there ; he had at that time gone up to Niagara. I sent a friend to 
Washington with this report to Mr. Crampton, to let him know every- 
thing that had occurred. 

Q. When he did not find Mr. Crampton in Washington, where did 
he take it to ? 

A. He took it to New York, and left it with Mr. Stanley, the vice 
consul there. 

[The report was here given in evidence. It contains a full history 
of the transaction, from the time the witness (Strobel) left Halifax 
until his return.] 

It is as follows : 

Windsor, C. W., June 18, 1855. 

Sir : After having laid before you my plan for raising trooj)8 for 

the British army in the Uuiied States and on the Canada frontitfr, I 

received from you, at the pr-^vincial building, Halifax, Nova Scotia, 

in the presence of his excellency Mr. Crampton, minister ti-om Great 

Ex. Doc. 35 9 



130 BRITISH RECEUITMENT 

Britain to the United States, Mr. Preston, lieutenant 7fitli regiment, 
and officers of the foreign legion, the following instructions : 

"You will repair immediately to the United States, accompanied 
and assisted by Drs. Aschenfeldt and Reuss, Lieut. Shuman, Mr. Mir- 
Lack and four non-commissioned officers, to raise men for the British 
army within the jurisdiction of that government. You will, in ac- 
cordance with your plan submitted to me, station said officers and non- 
commissioned officers at the posts agreed upon, unless it may in your 
judgment appear expedient to alter the details of said plan. You 
are also authorized to order back to Halifax any of your assistants 
who may, in your opinion, be incompetent for the service, or who may 
neglect the duty assigned to them. You will receive travelling ex- 
penses for yourself, officers, and non-commissioned officers, also, before 
leaving Halifax, the half-monthly pay as per estimates, in advance, 
for officers and men. At the expiration of the half month, you are 
authorized to draw from Mr. Preston the hall-monthly pay again in 
advance, and so on. You are further authorized to draw on Mr. Pres- 
ton for such sums as you may require for the transportation of men, 
head-money, &c. You will receive all orders from me through Mr. 
Preston, whom you will consider as my acting aide-de-camp in this 
matter, and you will be the medium to transmit those orders to your 
officers, so that there can be neither interference with, nor interrup- 
tion of, the plans laid down by you. Mr. Preston will be command- 
ing officer of the recruiting depot at Niagara town. You will exer- 
cise no interference with the transmission of men from Niagara to 
Halifax, but will confine yourself strictly to the duty of obtaining men 
in the United States, and of forwarding the same to Mr. Preston at 
Niagara. You are authorized to employ such assistants as you in 
your judgment may deem necessary, and are further empowered to 
state in my name, to any gentlemen iDringing a certain number of men, 
(say 120,) that they will receive from the British government commis- 
fiions as captains in the foreign legion, and others different commis- 
eions, in proportion to the number of men they may bring." 

In accordance with the above instructions, I started from Halifax 
on the 15th of May, accompanied by my officers, as above mentioned. 
At Windsor, N. 8., I fell in with his excellency Mr. Crampton, 
Lieut. Preston, and Capt. Bowls, who had left Halifax the same day. 
We travelled together to Portland, Me., where we arrived on the 18th 
ult. Mr. Crampton requested me to go with him to Quebec, L. C, 
as he was desirous that we should have a perfect understanding with, 
and the full co-operation of, his excellency Sir Edmund Head, gov- 
ernor of Canada. In compliance with this request, I ordered my of- 
ficers and non-commissioned officers to repair to Niagara Falls, there 
to await my arrival. We arrived at Quebec on the 20th ult., and on 
the following day were received by his excellency Sir Edmund Head, 
and held a conference Avith him, in which he offered his best assistance 
in forwarding our object, and at once gave up the barracks at Niagara 
town as a recruiting depot, and accordingly sent for Major Elliot ; 
which proceedings detained us until the 23d ult. On the evening of 
that day, Lieut. Preston, Capt. Bowls, and myself started in company 
■with Major Elliot for Montreal, where we arrived on the morning of 



IN THE UNITED STATES. 131 

the 24tli of May. Arrangements were then entered into with Col. Bell, 
in regard to the barracks at Niagara and La Prairie. On the following 
day I started alone for Niagara Falls, C. W., where I arrived on the 
morning of the 27th. Lieut. Preston and Capt. Bowls started for 
Toronto on the 25th, and hence did not arrive at Niagara Falls till 
the 28th. These gentlemen remained at Niagara Falls till the oOth, 
when they took possession of Butler barracks, and the first arrange- 
ments were made for forwarding recruits to that station. As your ex- 
cellency will here observe, I was up to this moment, viz : the 30th or 
31st of May, unable to move one step in the object of our expedition, 
it having required all the time to arrange the preliminaries. On the 
same day that Mr. Preston left Niagara town, I learned from Dr. 
Aschenfeldt and Mr. Shuman that the conduct of two of my non- 
commissioned officers. Sergeants Roth and Krieger, had been unwor- 
thy of the confidence reposed in them, and I therefore deemed it advi- 
sable to send the said men to Lieutenant Preston at Niagara town. I 
also thought it necessary to send to Niagara one of my officers, for a 
double purpose — 1st. To act for Mr. Preston as interpreter on the ar- 
rival ot recrnits; and 2d, as we were unable actually to enlist the 
men in Canada, I deemed it well that some German of experience and 
age should be with the recruits sent on, to keep them in proper spirits, 
and to prevent any loss by desertion from the barracks or in transitu 
to Halifax. I accordingly deputed Mr. Mirl ack for this service, and, 
with the license permitted me in your instructions of the 14th 
of May, was therefore obliged to modify my plan to suit this emer- 
gency. On the 30th instant, I went with Lieutenant Shuman to 
Buffalo. Having visited some of the localities in that place and Fort 
Erie, on the opposite shore of the Niagara river, I gave Lieutenant 
Shuman the following orders, in accordance with the instructions I had 
received from Mr. Crampton, and which I respectfully beg leave to 
subjoin. 1st. I ordered Mr. Shuman to take u)) his quarters on the 
Canada shore at the village of Fort Erie. 2d. To have his non-com- 
missioned officer^ Cor[)oral Kam))er, stationed in Bufialo. 3d. Togo 
daily to Buffiilo, and, in connexion with Corporal Kamper, there to 
make such inquiries as might lead to the obtaining of men. 4th. To 
send the men as quickly as he should obtain them to Lieutenant Pres- 
ton, at Niagara, and at the same time to report to me regularly the 
number of men obtained, and all circumstances relating to them. Sth, 
To take jtarticular pains to lay out no moneys on the American side, 
but whatever related to the expenditures to induce runners to bring 
men to him should be positively and rigidly transacted on the Cana- 
da shore ; and further, if it were necessary to keep men together for a 
longer term than one day, to be careful to do so without the precincts 
of the United States. This latter order is strictly in accordance with 
articles 2d and 4th of Mr. Crarapton's instructions. On the same 
evening. May 30th, I ordered Dr. Reuss to leave for Detroit, and in- 
formed him that he would co-operate with Dr. Aschenfeldt, who would 
he stationed at Windsor, on the Canada shore of the Detroit river. 
I also communicated to him, in effect, the same orders I had already 
given to Mr. Shuman. I went to Niagara town to draw the half- 
monthly advance pay for officers on the 31st of May. As Mr. Pres- 



132 BRITISH RECRUITMENT 

ton "was nnablc to pay me tlie amoTint wliicli I required, lie gave me 
but £40 sterling. On the 1st June I left Niagara town, accompanied by 
Dr. Asclienfeldt, for Cleveland, Ohio, where I had already stationed 
Sergeant Barchet. Passing through Buffalo, I saw Lieutenant Shu- 
man and supplied him Avith some money for a lew days, until 1 should 
obtain the balance of the half-monthly ])ay from Mr. Preston. On 
the 2d instant I saw P)archet in Cleveland, and supplied him with as 
much money as I could spare. On the 3d I arrived with Dr. Asclien- 
feldt at Detroit ; I saw Dr. Reuss, and su])plied him with money. I 
then supplied Dr. Asclienfeldt with money and left him at Windsor. 
On the 4th of June I again started for Niagara town, in order to re- 
ceive from Mr. Preston the balance of the second half-monthly pay, 
which I must here remark was a most useless journey, both as regards 
the expense and the loss of time. Had the money been properly 
forthcoming in the first instance, this journey would have been avoid- 
ed; but I determined, as I was now obliged to go there, to make use of 
the journey as a means of again visiting the different posts, and pay- 
ing to the officers the balance of their half-monthly dues. In this I 
was again frustrated by a failure of the telegraph office in sending me 
a dcs})atch of Mr. Preston, as a check had already been sent by mail 
for the amount. In spite of this, however, I telegraphed from Niagara 
to Mr. Shuman to meet me at Chippewa and report to me the result of 
his proceedings in Buffalo. His report was, much to my regret, and 
contrary to all my expectations, very disheartening — he having sent 
but four or five men to Niagara. Having learned by letter from Al- 
bany, New York, that there was a fair prospect at that place of ob- 
taining from fifty to one hundred men, I ordered Mr. Shuman to direct 
Cor))oral Kaniper to undertake the whole business in Buffalo, and to 
repair at once to Albany, then to place himself in connexion and 
communication with the emigrant offices and intelligence depots there, 
and to use hie most strenuous efforts to obtain men, also to commu- 
nicate with me at once on the subject. As I have already stated, the 
check for the balance of the pay had been sent to AVindsor while I was 
in iransitu between that ])lace and Niagara. I was tlierefore without 
money, and gave Lieutenant Shuman a draft on Mr. Preston for £20 
sterling, knowing that it would require at least three days for me to 
forward the money from Windsor to him. On presentation, Mr. Pres- 
ton refused to honor the draft. Considering that these matters would 
be in proper train in Buf!iilo, and supposing that Shuman would leave 
at once for Albany, I returned to Windsor, in order to receive a report 
from Sergeant Barchet, stationed at Cleveland, and to inform myself 
bow matters were jirogressing in Detroit. I returned to Windsor, 
C. W.j on the evening of the 7th instant. On the following morning, 
to my utter astonishment, Mr. Shuman, who was kept by Mr. Preston 
at the depot, and, in consequence of it, was not able to see his men off' at 
Buffalo again, nor to supply him with money and to give him orders 
in regard to my sending Mr. Shuman to Albany, had left Niagara by 
ortlor of Mr. Preston. Tlio night train came into Windsor in sixteen 
liours after my arrival, bringing me the subjoined order from Mr. 
Preston, marked X. As the order purports to have emanated from 
your excellency, I promptly obeyed the same, and sent Mr. Shuman to 



IN THE UNITED STATES. 133 

Cleveland for Barchet's account, at the same time giving him those of 
Drs. Aschenfeldt and Reuss and my OAvn, giving him no further or- 
ders, but simply telling him to return to Mr. Preston as soon as possi- 
ble. I had received from Barchet the information that matters in 
Cleveland were as disheartening as in Buffalo ; also saying that a Mr. 
Seybert, who keeps an intelligence office there, was willing to under- 
take the business if we could station some one at Port Stanley, for the 
purpose of receiving men whom he would send there. I wrote to Mr. 
Preston requesting him to send a non-commissioned officer or some 
other person to Port Stanley, to receive the men whom Mr. Seybert 
might send. This request was unattended to, and Mr. Preston did not 
even condescend to notice it. 

From all I could learn, Chicago and Milwaukie offered large in- 
ducements as a field for our operations, and as I thought the port of 
Cleveland would have been provided for by Mr. Preston, in accord- 
ance with my request, I sent Barchet on the 11th instant, in company 
with another man, to Cliicago, also Dr. Reuss to Toledo^ which place 
I had myself visited, and deemed a good port for obtaining men. I 
directed Barchet to communicate with me by telegraph, or otherwise, 
as soon as my presence and the money for tickets should be requisite 
in Chicago for bringing men to Niagara 

On this day, the 11th instant, Mr, Theo. A. Oehlschlager arrived 
at Windsor from Niagara Falls. Mr. Oehlschlager is a genthnuan 
already known to Mr. Crampton, and of whom Mr. Crampton and 
myself had several conversations. I spoke very favorably of him, 
and Mr. Crampton advised me to obtain so valuable an assistant. 
Mr. Oehlschlager is a British subject by birth, being a native of Que- 
bec, L. C, speaking German like a native, and French with fluency; 
the value of his assistance cannot be over-estimated. Having, as I 
have already stated, lost two non-commissioned officers,'and having 
stationed one officer permanently with Mr. Preston, I felt the neces- 
sity of more assistance, and knowing no one more competent, I ac- 
cordingly wrote for him from Cleveland on the 2d June. I remained 
at Windsor on the 12th and 13th instant, in the exi)ectatiou of re- 
ceiving a letter from Barchet, and also anticipating the return of Dr. 
Reuss from Toledo with men. On the morning of the 13th I received 
a letter from Barchet, stating tliat Chicago was a capital place, and 
that a great many men miglit there be obtained, but it would be neces- 
sary to forward them immediately, as it would be impossible to keep 
them long together. I accordingly wrote at once a letter to Mr. Pres- 
ton, reques,ting him to send me £100 sterling. Before this letter was 
mailed, I received the following despatch from Mr. Preston : "Send 
Aschenfeldt back immediately." I accordingly did so, sending the 
letter I had written by Dr. Aschenfeldt. On the following day Dr. 
Reuss returned from Toledo, bringing with him four men, stating at 
the same time that a number of from eighty to one hundred men may 
be obtained alone in Toledo. He also brought very good news from 
Sandusky and Monroe. I then received a despatch from Dr. Aschen- 
feldt, saying, " We all go back ; more by letter." Having collected 
some eleven men at Windsor, besides seven already forwarded from 
this place to Niagara, and deeming the expedition, from some un- 



134 BRITISH RECRUITMENT 

known cause, entirely broken up, I telegraphed to Mr. Preston, ask- 
ing what I should do with the men. His answer was: "Forward 
men. Recall Barchet, and return to-morrow." Not comprehending 
the whole business, I deemed it best to repair at once to Niagara and 
have the mystery cleared up. I accordingly started the next morning, 
leaving Mr. Oehlsclilager in my place at Windsor. I arrived at 
Niagara on the morning of the IGtli. I was cordially received by 
Mr. Preston, who informed me that, having held several conversa- 
ticms with Major Browne, Mr. Wieland, and other gentlemen, he had 
come to the conclusion that we (myself and the officers under my 
charge) had neglected our duty, and that he had two charges in par- 
ticular to make against me — 1st. That I had ordered two of my offi- 
cers to remain on the Canada shore. 2. That I, myself, had remained 
too long inactive at Windsor, C. W. In consequence, he had deemed 
it his duty to send a despatch to your excellency, acquainting you 
with said disposition on our parts. That you had replied, directing 
him to act on his own responsibility. That thus empowered, he had 
deemed it proper to recall all those employed, and to send them back 
to Halifax. I informed Mr. Preston that I would at once comply with 
the order of your excellency ; at the same time I assured him of my 
opinion as to the unadvised and rash proceedings he had deemed it 
proper to adopt, and further expressed my belief in his having been 
influenced in these measures by Major Browne, Mr. Wieland particu- 
larly, and others, who were anxious, to my perfect knowledge, to ob- 
tain commands in the foreign legion. Wiiile in Niagara town, I saw 
a despatch from this Mr. Browne to Lieutenant Preston, stating in 
effect that my letter to Mr. Preston, of the 13th instant, was a false- 
hood, and that there were no men in Chicago to be sent. The follow- 
ing is, I think, the wording of the despatch : " The fifty men a 
myth," Ha^'ing some little personal business in Windsor, and wish- 
ing to communicate with Mr. Oehlsclilager, I returned here this morn- 
ing. On my arrival, Mr. Oehlsclilager informed me that, shortly after 
my departure on the 15th instant, a Mr. Browne arrived here from 
Mr. Preston. He represented himself, or at least led Mr. Oehlsclilager 
to believe, that he was a major in the British service. Mr. Oehlsclila- 
ger, under such a supposition, believing him to be an officer in the 
British army, and an authorized agent of your excellencj^, immedi- 
ately gave up the charge of the post and of the men. Mr. Browne 
sent the men on to Niagara that evening, in charge of Dr. Reuss, 
who left yesterday for Halifax. I also found here a despatch from 
Chicago from a man named Konen, employed by me at that place, 
which fully sul)stantiates the good news contained in Barchet' s letter. 
It reads as follows : "Come here immediately. Twenty ready ; tickets 
wanted." 

I have thus far, your excellency, attempted to give a rough outline 
of what I have done since my departure from Halifax, and shall now 
leave it with yourself to judge whether the time has been wantonly 
thrown away, and whether I have neglected my duty or not. There 
have, it is true, been many causes Avliich have rendered the expedition 
less successful than I had imagined in the offset, but over these cir- 
cumstances I have, as you may judge from the above statement, been 



IN THE UNITED STATES. 136 

alile to exercise but little or no control. Besides, your excellency will 
be pleased to take into consideration that we have not had more than 
eight or nine working days of real trial. We did not get fully into 
operation before the 4th or 5th. On the Tth Mr. Shuraan was with- 
drawn by order of Mr. Preston. Not before the 9th, the bills we had 
printed were in our hands an^i posted. The 10th was Sunday. On the 
13th the expedition was virtually broken up, Dr. Aschenfeldt recalled, 
and your excellency in possession of a despatch to that effect. 

The difficulties under which Ave had to labor were, in the begin- 
ning, very great. In the first place, shortly before our arrival, "the 
navigation of the great lakes was opened, and thousands of men 
who had lain idle for months were at once thrown into employment. 
A week before Mr. Shuman arrived at Buffalo, six hundred work- 
ing men had been withdrawn from that place, to work on the tele- 
graph line through Newfoundland. In short, work was plenty, and 
the weather mild; it is, therefore, but little wonder that under such 
inauspicious circumstances we did not succeed at once. Then the 
Americans have in every city in which we have been a recruiting 
officer, where they offer $12 per month and a bounty of one hundred 
and sixty acres of land, besides giving head-money to the runners. 
Again, a great antipathy appears to prevail throughout the United 
States to British service, and a strong mistrust of the whole business, 
from the occurrence relating thereto which took place in the eastern 
cities. These difficulties had to be overcome ; and just when we arrived 
at a point where the prospects began to brighten, and we had tangible 
hopes of our ultimate success, the whole matter, as far as ourselves are 
concerned, is given up, without my being in the slightest instance 
consulted or advised with. From certain remarks of this Mr, Browne, 
I am led to believe that the conduct of the money matters of the 
expedition has also been called in question. In refutatimi of any- 
such malignant charge, I respectfully beg leave to subjoin my ac- 
counts, and request that those of my officers may be strictly exam- 
ined. 

A few words in relation to the charges made against me by Mr. 
Preston, The first is simply enough refuted by all that part of the 
above statement which refers to my orders and instructions to Dr. 
Aschenfeldt and Mr. Shuman. Of the second, I have but to observe, 
that when I started from Halifax I was under the impression that I 
was given charga of this expedition in the United States ; that I had 
discretionary power to take up my headquarters where I deemed best, 
and where I could most readily hear from my assistants, and not that 
my conduct was to be subject to the espionage and impertinent inter- 
ference of men of whom 1 had no knowledge whatever, in connexion 
with this expedition. I refer to Mr. Browne and others. Nor can I 
conceive how Mr. Preston could commit such a gross error as he has 
done, in breaking up this expedition, without stronger and more suf- 
ficient reasons. 

I have now to make a few remarks on Mr. Preston's conduct in 
connexion with this business, which, however painful it may be, I 
consider it my duty to j'^our excellency, under whose orders I have 
been engaged in this matter, and to myself. Mr. Preston, in the first 



136 BRITISH RECRUITMEJfT 

place, as early as the 'Tth inst., violated the spirit and letter of your 
instructions to me in two instances : 1st. By failing to pay my draft 
sent by Mr. Shuman ; and 2dly. By sending Mr. Sluiman down to 
Windsor, when I sent him to Albany. In short, I have failed to meet 
from Mr. Preston that cordial co-operation and friendly assistance 
which I had hoped for, and on which the success of such an expedition 
so eminently de])ends. I feel pleasure, however, in saying that I 
can look upon this failure on the part of Mr. Preston in no other light 
than as an error of judgment, and his being too easily influenced by 
others. 

With the above statement of the facts of the last month, and which I 
am ready to substantiate at any moment by the testimony of my officers 
and others, I beg leave to submit this, my report, to your excellency's 
kind consideration. 

I have the honor to remain, vour excellency's very obedient servant, 
MAX FKANZ OTTO STROBEL, 

Captain For. Leg. 
To His Excellency Sir Gaspard le Marchant, 

Lieutenant Governor of Nova Scotia. 

Mr. Remak. Was this paper ever delivered? 

A. It was delivered to Mr. Crampton and Sir Gaspard le Marchant. 

Mr. Van Dyke. Did Mr. Hertz say anything to you in reference to 
having advertised in any paper in Philadelphia ? 

A. Yes, sir, the advertisement was in Mr. Hertz's office, in the 
newspapers. 

Q. Did he say anything to you as to his advertising? 

A. He said he was obliged to have it advertised in order to get men. 

Q. What advertised ? 

A. This proclamation. Mr. Hertz sent men to the office of the 
paper to see if it was advertised. 

Q. When was that? 

A. I cannot recollect the very date — it was before I went away with 
my company. 

Q. Do you recollect the advertisement ? 

A. Yes, sir, I recollect the advertisement ; I have seen it in the 
paper, but do not recollect the very day. 

Q. What do you know of Mr. Hertz putting this (showing witness 
the Fennsylvanian containing the advertisement) in the paper? 

A. Mr. Hertz says, I suppose by this advertisement we would get 
some men. 

Q. Where did you last see Hertz, before sailing from Philadelphia 
with your men ? 

A. I saw Mr. Hertz on the boat. He came down in the morning 
to the wharf where we sailed from, and it was at that very moment 
he gave me the money, $25. 

Q. On the boat Delaware, on which you sailed on Sunday morning, 
of March 16, 1855? 

A. Yes, sir. 

Q. Will you state to the court and jury whether you recommended 
to Mr Crampton a certain Colonel Burgthal ? 



IN THE UNITED STATES. ' 137 

Mr. Eemak objected. Objection was sustained. 

Question by Mr. Van Dyke. Is there anything else you recollect 
in connexion with Mr. Hertz that you have not stated ? If there is, 
state it. Any conversations that you had with Mr. Hertz or Mr. 
Crampton about Mr. Hertz being engaged in this business. 

A. I remember a conversation with Crampton about Hertz, where 
Crampton said he believed 

The question and answer were ruled out. 

Q. Do you recollect any conversation Mr. Hertz had with any person, 
or any conversation you had with him ? 

A. I lieard many conversations of Mr. Hertz with other officers 
who left for Halifax. It was a promise Hertz made to these men in 
the name of Mr. Howe, and through Mr. Howe in the name of the 
English government, to give them commissions in the foreign legion, 
if they would go to Halifax^ if they were military men before, and so 
on ; and when some of them would express doubts on the subject, Mr. 
Hertz would try and prove that he had really the power to promise. 

Q. Anything else? 

A. I remember there was some money given to the men by Mr. 
Hertz. 

Q. Which men ? 

A. To the men who enlisted. 
: Q. What was money given them for ? 

A. To pay board to the very day they sailed, from the time of enlist- 
ment to the time of leaving. 

Q. Who ])aid for the tickets ? 

A. I suppose Mr. Hertz — I do not know. 

Q. Who gave the tickets ? , 

A. Mr. Hertz did. 

Q. For the seventy-eight you took? 

A. Yes, sir. * 

Q. You saj you had a hundred in your company ; how happened it 
that you only took that number ? 

A. Aiterwards some men were sent from Philadelphia. 

Q. How did it ha])])en that you first had one hundred men, and only 
took seventy-eight with you ? 

A. Tiio other parties came on afterwards, and were put to my com- 
pany as they came on, particularly men from Philadelphia. 

Q. Wliat became of this company? 

A. It sailed on the 8th of August for Portsmouth, England, to 
equip for its destination. 

Q. (Cards shown witness.) What are these ? 

A. Tliese are the cards which were given to the men to get a pas- 
sage on board the boat. Mr. Hertz got the cards ; I do not know 
where lie got them from. 

Q. What is that on it? 

A. ItisH. 

Q. Whose signature is it ? 

A. Mr. Hertz's. 

Q. What is the meaning of N. S. R. C. ? 

A. It means Nova Scotia Railroad Company, I suppose. 



138 BRITISH RECRUITMENT 

The ticket was given in evidence ; tlie following is a copy : 



N. S. R. C. 

H. 



Q. Did you take these tickets all the way to Nova Scotia ? 

A. Every man had one of these tickets, and they passed him on the 
boat. 

Cross-examined by Mr. Remak. 

Q. Did you go to see Mr. Hertz of your own notion, or did anybody 
request you to go to see him ? 

A. I was requested by Dr. Biell to see Mr. Hertz, as I had seen 
Cram])ton only a few weeks before. 

Q. Did you know Hertz before that time, before Biell mentioned his 
name ? 

A. No, sir. 

Q. You did not know him at all ? 

A. No, sir. 

Q. You had already seen Mr. Crampton at the time Biell spoke to 
you? 

A. Yes, sir ; Biell told me Hertz had a letter which he had shown 
him 

Mr. Remak. There is no use saying that. You saw Hertz on the 
10th of March ? 

A. Yes, sir. 

Q. Where did you see him ? 

A. At his office, 68 South Third street. 

Q. Did you know the business of Mr. Hertz? 

A. Yes, sir, he was enlisting men for the foreign service ; Mr. Hertz 
himself said so when I came up there. 

Q. AVas it not at his office you said people came in and enlisted, and 
entered their names in a book ? 

A. Yes, sir. 

Q. (Showing book.) Here is the book presented to you ; do you swear 
that this is the identical book you saw there ? 

A. Yes, sir. 

Q. Were all the names here entered by the persons themselves, or 
by whom? 

A. Not exactly all these names ; many of the men signed their 
names themselves, and others could not write, and Mr. Hertz or 
somebody wrote down the names. 

Q. Now, be so good as to describe this book ; does it contain any- 
thing but the names and places of residence ? 

A. It contains the names of those men ; most of them I took with 
me, as my company, to Halifax. 

Q. And contains the residence of some? 

A. Yes, sir, of some. 

Q. It contains nothing else? 

A. It contained at that time the names of several officers willing to 
go ; it contains now but those names. 

Q. You say you received money from Mr. Hertz ? 



IN THE UNITED STATES. 139 

A. Yes, sir. 

Q. For what purpose ? 

A, I received money from Mr. Hertz, and was obliged to give him a 
kind of note, in which I stated I had received so much money, and it 
would he repaid. 

Q. (Showing witness a paper.) Is this paper signed by you ? 

A. Yes, sir. 

The paper was read as follows : 

'' I received from Mr. Hertz |5 on my word of honor. 

"MAX F. 0. STROBEL." 

Mr. Remak. The figures are blotted, and it looks as if it had been 
altered from $5 to |25. 

Witness. The signature is true, but I believe the 25 is false. I 
actually received, on my word of honor, from Mr. Hertz $10, but I 
never remember having given Hertz a receipt for this $25 I received 
on board the boat ; I never remember, but there is a possibility. 

Q. You stated in your examination in chief that you received $25 
the day you started ? 

A. Yes, sir, I received $25 that day. 

Q. You state now you do not remember having given a receipt for 
it? 

A. I do not remember ; I acknowledge this signature — that 
might be another note I gave to Hertz, stating I only received $5. 
This is my signature. 

Q. You received $25 on that day, and this paper states in num- 
ber 25 ? 

A. It states here $25. I do not recollect signing any paper for $25. 
I recollect saying to Mr. Bucknell I received that money. 

Judge Kane. Is this material ? 

Mr. Remak. It is for the purpose of showing that money has been 
loaned to the witness. 

Q. You say you were present when several different men came in 
at different times and signed their names in that book? What were 
the conversations between Hertz and those persons? 

A. The conversation was that he showed the parties the proclama- 
tion or advertisement, and he said there is a foreign legion as you see 
in Haliiax ; and if you feel able and disposed to enter this foreign le- 
gion in Halifax, I will give you the means to go to Halifax as a sol- 
dier in that legion — that is, if you are willing to go to Halifax and 
be enlisted for this foreign service. i 

Q. Can you swear that Hertz ever said to enlist as a soldier for the 
foreign service ? 

A. I can swear that he said he wanted them to go to Halifax for the 
purpose of enlisting for British service. 

Q. Did he pay anything to them ? 

A. He paid to several of them, but not every one — to some of them 
he paid one dollar ; to some 25 cents, and to some 50 cents. 

Q. Do you recollect the names of any of the men to whom he gave 
25 cents? 

A. To Purde, and several others — their names are in the list. 



140 BRITISH RECRUITMENT 

Q. Were any of those people very poor ? 

A. Yes, sir, some of tliem were. 

Q. Did you know that these people were actually in want of food ? 

A. Not in want of food. 

Q. l)o you believe that these people had any money at all ? 

A. I believe they had none. 

Q. Were they not looking out for work ? 

A. They had been looking out for work. 

Q. And could tliey get it? 

A. They said tliey could, but as they were detained they must be 
paid. 

Q. They could get work they said ? 

A. If they would not be retained. 

Q. Did these people use the word retained ? 

A. They said they could get work if they were not kept -waiting 
here doing nothing, and being promised every day that this vessel 
should sail for Halifax 

Q. Then these people did not employ the expression retained ? 

A. Well, they were retained. 

Mr. Remak. You have to give the conversation exactly as it took 
place ; be very strict ; what language did these people speak ? 

A. In the German. 

Q. Then they had no idea of the word " retained ?" 

A. We have a word in German that means as much. 

Q. What is it ? 

A. " Augeholten." 

Mr. Remak. May it please your honor, that word means detained. 

Q. Did not these people mean to say that their time was wasted by 
being unemployed ? 

A. No, sir, they said, or meant by saying so, that their time was 
taken by Mr. Hertz. 

Q. Did not some people come into the office who declined to go to 
Halifax? 

A. Not that I remember. Some of them came once, but never af- 
terwards. 

Q. What did Hertz say when they declined — if you recollect they 
did decline ? 

A. I do not remember that any one declined. 

Q. Did Mr. Hertz offer them anything the moment he spoke of going 
to Halifax ? 

A. Not at that moment. 

Q. Mr. Hertz did not offer them anything when he asked them to 
go to Halifax ? 

A. No, sir. 

Q. Did he actually ask them to go to Halifax ? 

A, Yes, sir. 

Q. Did not he leave it o])tional ? Did not he represent the matter 
that they would get employment there ? 

Witness. Get employment in Halifax ? 

Mr. Remak. Some employment. 



IN THE UNITED STATES. 141 

Witness. No, sir, that could not be, because this advertisement was 
lying on the table, and for that purpose the men came up. 

Q. When the men came in, you say Hertz did not offer them any- 
thing ; when they w^ere ready to go to Halifax, what did Hertz say? 

A. Mr. Hertz said, I have a vessel readyfor you to start in a day or so. 

Q. Did he state lor what purpose this vessel would start ? 

A. For conveying these men to the " foreign legion" at Halifax. 

Q. You stated that he gave some of the men one dollar, and some 
twenty-five cents ; to how many of the men did he give anything at all ? 

A. It is very difficult to say. 

Q. Did he give it to twenty ? 

A. I su])pose that is the number. 

Q. Have you been present every time he gave these men something ? 

A. Kot every time, but he gave to that many in my presence. 

Q. Then you remember that he gave to more than twenty ? . 

A. Not to more than twenty. I cannot say that he gave to more 
than twenty. 

Q. Then you do not know if he gave to any one else? 

A. No, sir. 

Q. The names you remember mention now. 

A. Barrier, Blecher, Brining, Foley, Worrell. 

The court here overruled the question. 

Q. You stated in your examination in chief that some of the men 
received money to board ? 

A. Yes, sir. 

Q. How much did they receive? 

A. I cannot tell whether Hertz gave three shillings or four shil- 
lings ; to some he gave three, some four, and perhaps some a dollar. 

Q. Did Mr. Hertz ever promise you a commission ? " 

A. Yes, sir. 

Q. Where did he promise you ? 

A. In his office. 

Q. In whose presence? 

A. In the presence of Mr. Eumberg and Lieutenant Essen. 

Q. Did he show you any authority for doing so? 

A. I believed he had, because he made me himself acquainted about 
the letters and orders he had received from the British government, 
and I sliowedhim my letters, although I never saw his letters. He 
promised me a commission. 

Q. Did Mr. Hertz derive any benefit from all the transactions you 
kno\v of? 

A. I cannot tell. 

Q. You remember that you raid in your examination in chief, that 
Mr. Hertz said himself that what he had received did not cover ex-' 
pcnses ? 

A. At that time. 

Q. Do you know, from your own knowledge, that Hertz has re- 
ceived, at any other time, any more money? 

A. I cannot swear that Hertz received more money than he expend- 
ed, but I can swear he received money. 



142 BRITISH RECRUITMENT 

Q. Then he did not derive any benefit from liis business transac- 
tions ? 

A. I do not know. 

Q. As far as you know ? 

A. As far as I know, no ; but I cannot see into bis business mat- 
ters, certainly. 

Q. Could Mr. Hertz have any direct benefit from the fact of any 
of these men going to Halifax ? 

A. Yes, sir. 

Q. In what manner? 

A. He would receive $4 for every head. 

Q. Would the |4 come from the man himself? 

A. No, sir ; it would be paid by the English government ; the man 
could not pay, but the English government paid $4 for every head. 

Q. Can you say whether any agreement has taken place between 
Hertz and you, or with any of these men_, with regard to the transac- 
tion ? 

A. Yes, sir. 

Q. What was the character of it? 

A. The agreement was, that I waste take this company to Halifax, 
and I was introduced to the men of the company as their captain ; 
and I had to bring them up to Halifax. 

Q. Did you derive any benefit from this matter ? You received 
money, did you not? 

A. I received no money except that necessary to take the men to 
Halifax, and their tickets. 

Q. You received no money ? 

A. No money for myself, but money to take the men there, for the 
government. 

Q. You received no money for yourself? 

A. No money for myself, from the government. What I received 
for doing this, was the commission. 

Q. Did you receive from Hertz any money? 

A. I received as a private matter |10 from Hertz ; but I received 
$25 to feed the men on the boat. 

Q. Then, Mr. Strobel, had you any direct authority from the Eng- 
lish government at the time ? 

Witness. Direct authority to do what ? 

Mr. Remak. Any direct authority at all. I do not care what it 
is. Did you hold any commission ? 

A. Just the commission as promised by Hertz. 

Q. You had no commission ? 

A, I had no commission at that time. 

Q. Then you cannot say you were at the time the representative of 
tbe English govei-nment, or agent of that government? 

A. Certainly, I was insomuch an agent that I agreed with the Eng- 
lish government to bring men to Halifax. 

Q. You considered yourself so? 

A. I did not consider, I thought so. 

Q. When did you agree with the English government? 

A. So early as the beginning of April, with Mr. Crampton. 



IN THE UNITED STATES. 143 

Q. Did you agree to take the identical men you started with on 
the 25th of March ? 

A. No, sir, not those men, but any men. 

Q. Then you had no other authority hut what you thought you had 
from Hertz, when you took these men? 

A. Not for bringing these very men I named here. 

Judge Kane. The witness says he had authority from Mr. Cramp- 
ton to take such men as should be enlisted, and that it was from Hertz 
that he got the directions of the particular persons enlisted, and who 
were to be carried on. 

Q. Did you make any promise to Hertz in return for the so-called 
authority he gave you ? 

A. Yes, sir. 

Q. AVhat was the promise ? 

A. I promised Mr. Hertz that upon arriving in Halifax I would 
state that Mr. Hertz had sent these men, and that he had a great 
many more men, and had made arrangements with parties in New 
York, but was not able to send them, and I Avas to secure him every 
man he sent from Philadelphia to Halifax. 

Q. Did you ever pay to Mr. Hertz afterwards anything for the 
trouble he took to send men to Halifax ? 

A. I did not. 

Q. Do you know whether anybody else paid Hertz for the trouble 
he took on that day, or any other time ? 

A. I do not know ; I know that Hertz received money for the men 
in New York. 

Q. Did you ever see Mr. Crampton in the presence of anybody else? 

A. Yes, sir. 

Q. Who was present ? 

A. I saw Mr. Crampton in the presence of Dr. Ruess, for instance, 
Major Boutz, Sergeant Bnrgit, and Rose, and others ; I travelled 
with Crampton and Preston in company with other gentlemen up to 
Quebec from Halifax; these instructions were in the handwriting of 
Crampton. 

Q. I want to know if Hertz ever read those instructions ? 

^. I do not know whether Mr. Crampton sent him a copy of them 
or not. 

Q. Then you do not know whether he had ever any knowledge of 
these instructions ? 

A. They were written after I left here, and I could, therefore, not 
tell. 

Monday's Proceedings — Septemher 24, 1855. 

Horace B. 3Iann, sworn. Examined by Mr. Van Dyke. 

Q. Are you engaged in the Pennsylvaniau office? 

A. Yes, sir. 

Q. (Paper shown witness.) Do you know whether that advertise- 
ment was ordered to be published there ? 

A. As regards ordering the advertisement I do not know anything 
about it, but that is a copy of the Pennsylvanian. 



144 



BRITISH' RECRUITMENT 



Q. Do you know anything about the discontinuino; of it? 

A. Yes, sir, it was ordered to be discontinued by Mr. Hertz ; I dis- 
continued it at his order. 

Q. Is tliat tlie receipt for tlie advertisement ? 

A. That is the receipt for tlie payment of that advertisement ; Mr. 
Magill is the person wlio received the advertisement ; the ])aper in 
whicli it appears was published March IGth, and the receipt is dated 
March 15th. 

The receipt was here read in evidence as follows : 



Philadelphia, March 15th, 1855. 
Lieutenant-Governor of Nova Scotia, 

To Advertising in the PENNSYLVANIAN, 
2 Squares for one month $5 00 

Received Payment for the Proprietor, 

WM. MAGILL. 



Max F. 0. Strobel recalled. Examined by Mr. Van Dyke. 

Q. You have been sworn? 

A. Yes, sir. 

Q. You are acquainted with the handwriting of Mr. Howe? 

A. I have seen it. 

Q. What position did he hold in March and February, 1855 ? 

A. He was the general agent of the British government, in the 
States, for this recruiting. 

Q. (Paper shown witness.) Will you look at that paper, and say 
whether it is in his handwriting? 

A. I believe it is Mr. Howe's handwriting; I have seen him Avrite. 

The paper was here read in evidence, Mr. Van Dyke stating it was the 
original of the advertisement which appeared in the papers in regard 
to this matter. It is as follows : 

"The lieutenant-governor of Nova Scotia is empowered by her Brit- 
annic Majesty's government to raise any number of men which may 
be required, to serve in the foreign legion. 

" Depots are established at Halifax, and all able-bodied men, be- 
tween the ages of twenty and thirty-five, who may present themselves, 
will be enlisted. 

'^The terms of service will be three or five years. 

"Officers who have seen service are eligible for commissions. 

"Surgeons, speaking the continental languages, or some of them, 
will be required. 

" Pensions or gratuities for wounds or eminent services in the field 
will also be given. 

" On the expiration of tlie term for which they enlist, the troops 
will be sent to their native countries, or to America." 

Q. You said you are acquainted with Mr. Crampton's hand- 
writing? 



IN THE UNITED STATES. 



145 



A. Yes, sir. 

Q. (Paper shown.) Is that his writing? 

A. That is Mr. Crampton's handwriting. 

Question by Mr, Cuyler. You have seen him write, you say ? 

A. Yes, sir. 

The paper was here read in evidence, as follows : 

''Saturday^ January 2Y, 1855. 
"Sir: I should he happy to see you at any time you may choose to 
call, to-day or to-morrow. 

"I am^ sir, your most obedient servant, 

"JOHN F. CEAMPTOIS!. 
"Mr. Hertz." 

[Envelope.] 



J. F. C. 



Mr. HERTZ, 

Willard's. 



Q. (AnotLer paper shown.) Is that also in Mr. Crampton's hand- 
veriting ? 

A. Yes^ sir; that is Mr. Crampton's handwriting. 
The paper, which was read^ is as follows : 

"Washington, Feb. 4, 1855. 
" Sir : With reference to our late conversation, I am now enabled 
to give you some more definite information on the subject to which it 
related, 

" I am, sir, vour obedient servant, 

"JOHN F. CRAMPTON. 
"H. Hertz, Esq." 

[Envelope.] 



Paid— J. F. C. 




Washington, 


H. HERTZ, Esq., 


Feb. 4, 


424 N. Twelfth street. 


D. C. 


Philadelphia. 



Q. Do you know Mr. Wilkins's hand-writing ? 

A. Yes, sir. 

Q. Is he provincial secretary ? 

A. Yes, ;:;ir. 

Q. (Paper shown witness.) Is that his writing ? 

A. It is. I have seen him write ; that is his signature on the back 
of it. 

Q. Do you know whether Hertz was in Halifax in June ? 

A. Yes, sir, he was in Halifax in June. 

Q. Do you recollect the day ? 

A. I cannot recollect what day ; it was in the beginning of the 
month. 

Ex. Doc. 35 10 , 



146 BRITISH RECRUITMENT 

Q. In whose handwriting is the direction on the envelope ? 

A. I believe it is Wilkins's, too. 

The paper, with envelope, was read in evidence, as follows : 

"Provincial Secretary's Oefice, 

" June 11, 1855. 

" Sir : I am in receipt of yonr letter of this date, and am com- 
manded by his excellency Sir Gaspard le Marchant to inform you 
that in reference to the claim advanced in your communication, 
Mr. Howe, previous to his departure for England, distinctly stated to 
his excellency that the moneys which you had received on account 
more than cancelled any claim that you might prefer. 

" Any instructions given to Mr. Howe by Sir Gaspard Avill speak 
for themselves, whilst Mr. Howe will best account for his own acts 
on his return from England. 

"In his absence, nothing can possibly be done by Sir Gaspard, in re- 
lation to yourself. 

"You must consider this a final answer given by his excellency's com- 
mand. 

" I have the honor to be, sir, your most obedient servant, 

"LEWIS M. WILIvINS. 

"Mr. H. Hertz." 

[Envelope. 7 



On Her Majesty's Service. 
Mr. H. hertz. 
Provincial Secretary's Office. 



Q. Are you acquainted with the British secretary of legation ? 

A. Yes, sir, I have seen him. 

Q. Do you know his handwriting ? 

A. I have seenliis writing, but never saw him write. I never had 
any conversation with Mr. Lumley. I always addressed my letters to 
Mr. Crampton or Mr. Lumley ; I never received any replies from Mr. 
Lumley. 

The defendant's counsel admit the paper to be in the handwriting 
of Mr. Lumley, and it is read in evidence as follows : 

" Washington, May 31, 1855. 

" Sir : In tlie absence of Mr. Crampton, I beg to acknowledge the 
receipt of your letter of the 20th instant, although I am not aware 
that I have had the advantage of making your acquaintance. I beg to 
inform you, as secretary of her Majesty's legation, that no charge 
against you, of the nature to which you refer, has been made to me. It 
is, therefore, superfluous to add that I have never expressed the opin- 
ion reported to you as having been used by me. 

"lam, sir, your most obedient servant, 

" T. SAVILLE LUMLEY." 



IN THE UNITED STATES. 147 





[Envelope.] 


Paid—T. S. L. 




Washington, 


HENRY HERTZ, 


May 31, 1855, 


424 North Twelfth street, below Coates, 


D. C. 


Philadelphia, Pa. 



Q. Did you know tlie vice-consul at New York ? 

A, Yes, sir. 

Q. What is his name ? 

A. Mr. Stanley. 

Q. Do you know his writing ? 

A. Yes, sir, I have seen him write. 

Q. (Letter shown witness.) Is that a letter of Mr. Stanley's? 

A. Yes, sir. 

The letter and envelope were read in evidence as follows : 

''New York, June 19, 1855. 

"Sir: I am obliged to you for the cutting from the newspaper 
which you forwarded with the note of the ITth, both being received 
by me yesterday. I do not understand the spirit evinced by the writer 
of the newspaper paragrapli. I am not yet aware of any United States 
laws being broken in the matter to which he lias reference, and have 
not the slightest interest therein. 

''Regarding your claim against theNova Scotia government, I have 
not received any communication from that quarter, as you led me to 
expect would be the case. As I informed you when in the city, it is 
not possible that I should be acquainted with the subject ; but if so 
ordered, I shall be happy to remit you the amount. 

"I have seen Mr. Mathew, who happened to be in New York, being 
in hopes that I might i)rocure through him some information which 
would aid you in this matter ; but being unsuccessful in obtaining any, 
it is utterly out of my power to forward your views. 
"Remaining your obedient servant, 

"0. H. STANLEY." 

[Envelope.] 



New York, Mr. H. HERTZ, 

June 424 North 12th street, 

I'J- Philadelphia. 



Q. (A card here shown witness.) Do you recollect that card? 

A. Yes, sir. 

Q. It is written in what language ? 

A. In German. 

Q. Do you know whose writing it is in ? 

A. It is a card written by ]\Ir. Benas at the request of Mr. Hertz 

Q. Who was Mr. Benas? 

A. He was at that time with Mr. Hertz ; I do not know Mr. Benas 



148 BRITISH RECRUITMENT 

himself. He "^as with Mr, Hertz, and this was brought to me by a 
man wlio came up to Haliiax and enlisted in my company. 

Q. Did he go with you ? 

A. No, sir, he was sent to my company at Halifax by Mr. Hertz, and 
he brought this card to me, recommending this man to me as secretary 
of a company. 

Q. This man was enlisted in your company? 

A. Yes, sir. 

Q. Before you left ? 

A. No, sir. 

Q. He came on after the company left here, then ? 

A. Yes, sir. 

By Mr. Cuyler. Did you see this card written? 

A. I could not have seen it, because I was in Halifax, and this man 
brought it up there. 

Q. Do you know Mr. Benas, who signs it? 

A. I know him now ; I did not know him at that time. 

Q. Are you familiar with his writing ? 

A. I never saw him writing, and cannot say of my own knowledge 
that this card is in his writing, but it was brought to me from this 
very man, 

Mr. Cuyler objected to the reading of the card in evidence. 

It was shown to the jury ; but as it was in German, few read it. 
We present a translation : 

"I recommend to you the bearer of this card, Mr. Sporer, an excel- 
lent and perfect penman ; if it lies in your power to obtain for him a 
position as clerk in your company, you will thereby greatly serve me. 

"M. BENAS. 

''By request of H. Hertz." 

Q. Do you know Turnbull ? 

A. Yes, sir. 

Q. What was he in June, 1855 ? 

A. He was at that time an agent for Mr. Crampton. 

Q. Where is he located ? 

A. He was sent to the west, to Cincinnati, to aid Colonel Korpony. 

Q. (Letter shown witness.) Is that his letter to you? 

A. That is Mr. Turnbull's letter to me from Cincinnati. 

Mr. Van Dyke offered the letter in evidence. 

Mr. Cuyler objected. 

The objection was sustained and the letter ruled out. 

Charles Eumberg, sworn. Examined by Mr. Van Dyke. 

Q. What is your business ? 

A. 1 have been editor of the Philadelphia German Democrat, and 
I am now editor of a German paper at Pottsville, and co-editor of the 
Adopted American here. 

Q. Will you state whether you have ever been in the army? 

A. Yes, sir, I have been in the army of several German states. I 
have been captain. I came to this country nine years ago. 

Q. State whether you ever saw Mr. Crampton ? 



IN THE UNITED STATES. 149 

A. I liave not seen Mr. Crampton. I have seen Mr. Matliew. 
Q. Will you state what took place between you and Mr. Mathew? 
A. After having read the proclamation and resolution of the British 
government for enlisting able-bodied men for the " foreign legion" — 
Q. That is, the one passed in Parliament? 

A. Yes, sir; asking for recruiting able-bodied men for the ''foreign 
legion" — I went to Mr. Mathew, and said to him that I could enlist 
from 400 to 500 men. Well, I made no arrangements in relation to 
the enlistment with Mr. Mathew, but I gave him a letter to the British 
Minister of Forjign Affairs in London, and he told me he would 
transmit it there. 

Q. How long after that did you see Mr. Howe? 

A. Six or eight weeks after that. 

Q. Where did you first see him ? 

A. He came to my office in Third street, and asked me to agree 
with him as to the terms for enlisting men for this legion, and I replied 
to him that I would come on another day to see him for the arrange- 
ment of that matter. I went to him, and met there Mr. Hertz. 

Q. Whereat? 

A. Jones's Hotel. 

Q. What took place there ? 

A. After having some conversation with him, I considered it too 
hazardous and dangerous to go in that concern, and then I retired. I 
declined to engage. 

Q. Did you see him afterwards ? 

A. Yes, sir ; but at that time Mr. Howe promised to give me a com- 
mission in the "legion." 

Q. Was Mr, Hertz present at that time? 

A. Mr. Hertz was present at that time. 

Q. What else did he say to you ? 

A. That was all. 

Q. What inducement did he hold out to you in order to get you to 
go into this business? 

A. I did not know at tliat time precisely that the laws of the United 
States forbid the recruiting ; and not believing it was against the law, 
I would liave gone into it ; but after having consulted with many of 
my friends, I came to the resolution to decline. 

Q. Did you see him afterwards ? 

A. No, I did not see him after that. 

Q. (The original draught of the proclamation which Mr. Strobel tes- 
tified was in the handwriting of Mr. Howe, and is given above — see page 
144 for this paper — was here shown the Avitness, and the question was 
asked him whetlier he had ever seen it?) He answered, I have seen 
that paper before ; I liave translated it, and it has been inserted in the 
Philadelphia Democrat, German Democrat, and Free Press. 

Q. Who asked you to translate and insert it ? 

A. Mr. Hertz. 

Q. Did you ever go to Mr. Hertz's office? 

A. I have been to it once or twice ; it was only to see what was 
going on. 

Q. Did you ever go to collect money for his advertisement? 



150 BRITISH RECRUITMENT 

A. No, sir. I think Mr. j\Iurris, tlic clerk, did that. 

Q. What was going on there when you went there? 

A. I have seen there many men, hut it was not my husiuess to look 
at it. 

Q. Did you ever ask Hertz, or did he ever tell you without being 
asked, how many men he sent to Halifax ? 

A. Yes, sir, he told me he sent 100 or so on to Halifax. 

Q. Did he say what he sent tlicm for ? 

A. No. 

Q. Did he tell you who took them ? 

A. It was only in a conversation in the street, and I Avas not par- 
ticular. 

Q. Did he ever say anything to you in refsrence to your going there 
yourself to take the command ? 

A. Yes, sir, he has told me to go, and I have replied that I would 
not. 

Q. How often did you see Hertz in the presence of Howe? 

A. I believe twice. 

Q. When was the second time? 

A. That was when I declined. 

Q. Was Mr. Hertz with Howe when you saw him at your office? 

A. No, sir, there was nobody with him. 

Q. You only saw him, then, once at your office and once in the 
presence of Mr. Hertz, at Jones's Hotel? 

A. Yes, sir. 

Cross-examined by Mr. Eemak. 

Q. Did you not know Hertz before Howe introduced him ? 

A. Yes, sir, I have spoken to him. 

Q. You have stated that at first you were inclined to go into tliis 
matter. Did not you write in your paper articles in favor of the ''for- 
eign legion ?" 

A. No, sir. 

Q. Did not your paper contain such articles ? 

A. I believe not. 

Q. Do you not remember that the democratic paper, at whose head 
you were at the time, had articles against it ? 

A. I believe it had articles against it. 

Q. And were not you, yourself, in favor of this " foreign league?" 

A. No, sir, I was not in favor of it. 

Q. Did you not induce Hertz to put in that advertisement ? 

A. No, sir ; he desired me. I translated it. 

Q. Did not you go to Mr. Howe in order to induce him to do some- 
thing in relation to this translation ? 

A. Not to my recollection : notliing of the kind. 

Mr. Van Dyke here showed witness an advertisement in a German 
paper, and asked him whether it was a translation of the original 
paper which was handed to him ? 

A. It is the translation. 

Q. You put that in at whose request? 

A. For a month, I think. 

Q. Who asked you to publish it ? 



IN THE UNITED STATES. • 161 

A. I pu"blislied it at the request of Mr. Hertz. 

Question by Mr. Cuyler. Where did he (Hertz) ask you to translate 

it? 

A. He asked me to transhate it and insert it m our paper. 

Question by Mr. Cuyler. At what place did he ask you that ? 

A. I remember not^; but I believe it was in his office. 

Mr. Cuyler. You are perfectly sure that Hertz asked you ? 

A. I am sure Hertz asked me to translate it and insert it in the 
Free Press and PhiladeljMa Democrat. 

Mr. Cuyler. Did Hertz personally himself ask you ? 

A. Yes, sir. 

Mr. Van Dyke here gave in evidence the German translation of the 
original proclamation, as published in the German papers of this city. 
The original can be found in Strobel's testimony, on page 144. 

Thomas L. Bucknell sworn. Examined by Mr. Van Dyke. 

Q. Will you state to the court and jury all you know of this 
matter ? 

A. Well, on the 18th of March it was I heard that the honorable 
Joseph Howe, who was either president or director of the railroads in 
the province, was in New York, and I went on in the 5 o'clock train. 
I wished to see the procession of the 17th of March, " St. Patrick's 
day." and I thought I might see both together. I saw him at half- 
past 11 o'clock, on the 16th, at Delmonico's Hotel. I spoke to him 
of what I had visited New York for, and he told me he would see mc 
again, and see what he could do about giving me employment as civil 
engineer. He said, you can be of use to me in one or two matters 
while in the city ; he gave me some ten sovereigns, I think, tp go to 
bank to get changed into American money, and buy some stationery. 
Well, I bought tlie stationery, and got the money changed, and went 
back and gave the money up, and that was the last I saw of him on 
that day. On the 17th I'caUed again, and lie asked me to dine with 
him. i dined with him about hait-]>ast 4, and sliowed him my testi- 
monials from different engineers. Two or three gentlemen came m 
while at dinner, and the conversation stopped about what lie could do 
for me. I do not think I saw him again until Monday, and he asked me 
if in the course of my walks through the city I would call for him at 
the iyietr()i)olitan Hotel, and see if there were any letters for him. I 
called there and got two letters, and brought them to him; he had 
gone out for the evening, and I left them with the book-keeper ; I 
forget now whether I sent them up to his room or left them with the 
book-keeper ; I called next day, I think it was on Tuesday, and he 
asked me whether I would like to go on to Philadelphia and Washing- 
ton ; I said it was all the same to me where I go, for I have nothing 
else to do ; so he gave me a parcel tied up — I don't know whether it was 
directed or not — to leave with a man by the name of Hertz, at No. 68 
South Third street, Philadelphia ; I brought the parcel on, and called 
next morning at No. 68 South Third street, and asked if there was a 
man by the name of Hertz there ; there was a small-sized man in 
the room, and he said that Mr. Hertz was in the next room, and he 
would call liim ; he called him, and he came out and said, I am Hertz ; 



152 BRITISH RECRLITMENT 

I then saitl, the liouoraLle Joseph Howe directed me to leave this 
with you, and you will please give me a receipt for it ; I then left the 
parcel. That was all the conversation I had with him on that occa- 
sion ; I left the office, and went with some printed or sealed documents 
to Washington. 

Q. From him ? 

A. No, sir, from Howe. I did not get any answer to those. I 
came hack again. The sealed documents were directed to Mr. Cramp- 
ton. He, Mr. Crampton, asked me when I left New York. I told 
him about leaving this i)arcel at Hertz's, and he told me he would re- 
commend me to call hack that way and get it again. 

Q. You are sure it was he ? 

A. Yes, sir, I am certain. He told me to call that way again. I 
called at Hertz's office on my way hack, and gave him the receipt I 
had taken for the papers, and took away the papers I had left at his 
office. That was the last I saw of Hertz until I saw him at the 
office. 

Q. What papers were they ? 

A. They are the printed circulars that came from Halifax ; the 
circulars with the British coat-of-arms upon them. 

Judge Kane. The witness spoke of that as an enclosed parcel. 

Witness. There was no cover on it ; there was only a })iece of twine 
around the parcel, and I could see what they were. I took them 
when I came back, and rolled them up myself, and brought them back 
to New York. [Circular shown witness with the British coat-of-arms 
upon it, a copy of which is already published. See copy on page 114.] 
That is the circular I saw. 

Q. You Avent back to New York after that ? 

A. Yes, sir. 

Q. Did you see Howe ? 

A. Yes, sir. 

Q. Were you there when Mr. Strobel came ? 

A. Yes, sir ; I saw Mr. Strobel. 

Q. Did you give him any money ? 

A. No, sir, not to Mr. Strobel. At the request of Mr. Howe, I 
gave $100 to Mr. Hertz. 

Q. To Mr. Strobel and him together ? 

A. Yes, sir. 

Q. At the Astor House ? 

A. No, sir, at Delmonico's, 

Q. What did Hertz do with the money? 

A. I do not much mind. . 

Q. Did you see what he did with it ? 

A, I saw him get a receipt for part of it from Mr. Strobel ; I be- 
lieve it was |80. 

Q. Did you see the men that Strobel had there? 

A. No, sir. 

Magmis Benas affirmed. Examined by Mr. Van Dyke. 
Q. Where do you live ? 



IN THE UNITED STATES. 153 

A. No. 218 Nortli Fourth street. My business is pocket-book 
making. I know Hertz, 

Q. State what you saw in reference to these enlistments ? 

A. I got acquainted witli Hertz about eight days before he was ar- 
rested. I was down at the Avharf as the steamer Sanford left, and I 
Avas in his office on the same day, and afterwards. I got in his em- 
ploy about a week afterwards. 

Q. You got in Hertz's office ? 

A. Yes, sir, in Mr. Hertz's employ. 

Q. About eight days before he was arrested ? 

A. No, sir, after he was arrested ; about the 2d of April. 

Q. Still in the same office? 

A. Yes, sir. 

Q. Well, then, what did he engage you for ? 

A. Well, for transacting his business. It was a commission office. 

Q. Did you write that card to Halifax at his request? 

A. I wrote that card on my own account. It was for an acquaint- 
ance of mine, and I wrote it on my own account. 

Q. Do you know anything about the office for recruiting, and Mr. 
Hertz's connexion with it? 

A. Well, I heard something, but I did not know anything before. 

Q. Did he tell you anything about the office kept by the Baron Von 
Schwatzenhorn ? State what you know about Hertz engaging Von 
Schwatzenhorn ? 

A. There was a conversation between the Baron Von Schwatzen- 
horn and Hertz. 

Question by Mr. Cuyler. In your presence? 

A. Yes, sir ; they met at 68 South Third street, and agreed that 
Von Schwatzenhorn should see to getting the men, and Hertz procured 
the vessels to bring them to Halifax ; and accordingly Hertz sent me 
at different times to the office of the English consul to ini^uire about 
vessels loading for llalitiix; merchant vessels — mostly schooners. 

Q. That was, for the men whom Baron Von Schwatzenhorn was get- 
ting? 

A. Yes, sir. I was about four or five times in the office, and got 
about five vessels ; two of the vessels I recollect the names of ; they 
were the " Gold Hunter" and "Bonita." 

Q. Were men sent in these vessels? 

A. Yes, sir ; they were sailing-vessels, direct for HaliHix. 

Q. Were they English vessels ? 

A. Yes, sir, 1 guess so ; I do not know sure. 

Q. Did you see any of the vessels ? 

A. Yes, sir, I saw them all. 

Q. Did you see tlie names of any of them? 

A. Yes, sir, I told you. 

Q. AVhere did they hail from? 

A. I do not know. 

Q. How many men did you ever see off in a vessel ? 

A. 1 saw them off, once four men, and another time six, but never 
more than six were in one vessel. 

Q. What was the character of these vessels? 



154 BRITISH RECRUITMENT 

A. They were schooners. 

Q. Was it at the request of Hertz that you went to the British con- 
sul's to know wlicn niercliant vessels were g'oing to sail, for the purpose 
of sending the men Baron Von Schwatzenhorn had engaged? 

A. Yes, sir. 

Q. Where did the Baron Von Schwatzenhorn keep his office ? 

A. He lived at the corner of Fourth and Brown. 

Q. This was after the arrest of Hertz? 

A. Yes, sir, it was. 

Q. Do you know at whose request the Baron commenced to engage 
men? 

A. I do not know. 

Q. (Card shown witness, a translation of which may he found on 
page 148, ante.) Look at the bottom of that card, and say if you have 
not stated at whose request you wrote it ? 

A. I did it of my own accord, and wrote that down to let Mr. Stro- 
bel know that I was in the employ of Hertz. 

Q. Is it not written " at the request of Mr. Hertz" at the bottom? 

A. I wrote it so, but it was on my own account. 

Q. Do you know Schuininski ? 

A. Yes, sir, I saw him. He was not engaged at the request of 
Mr. Hertz, but of the Baron Von Schwatzenhorn. He was with the 
Baron. 

Q. They acted together? 

A. Yes^ sir. 

Q. Do you know how many men the Baron got altogether? 

A. No, sir, I do not know ; I guess about twenty or twenty-six, I 
cannot tell for sure. 

Q. Did Hertz ever tell you how many men he sent altogether ? 

A. No, sir. 

Cross-examined by Mr. Remak. 

Q. Mr. Baron Von Schwatzenhorn was not requested, then, by Mr. 
Hertz to send men ? 

A. No, sir. 

Q. Do you know Winsor and other gentlemen who procured the 
vessels ? 

A. I do not know anything about it. 

Q. Was Mr. Hertz exactly in the position of Winsor and other gen- 
tlemen who had vessels at their disposal? 

A. I do not know. Mr. Hertz sent me to the Englisli consul to 
inquire about vessels loading for Halifax — that is all I know. I know 
they were for sending the men to Halifax that the Baron Von f^chwat- 
zenhorn ])rocured. 

Q. Did you not know that the Baron Avas indicted in this court ? 

A. Yes, sir, I knew that. 

By Mr. Van Dyke. 

Q. Do you know where he is now? 

A. In Haliflix. 

Q. What is he doing ? 

A. I do not know. 



IN THE UNITED STATES. 155 

(JImrles Burgthal sworn. This witness was a Grerman, who could 
not speak English, and Mr, Theodore H. Oehlschlager was sworn as 
inter^ireter. 

Examined by Mr. Van Dyke. 

Q. Where are you from ? 

A. From Vienna. 

Q. In what service have you been ? 

A. Military. 

Q. In what military service? 

A. The Austrian. 

Q. What official position did you hold ? 

A. I was a major and lieutenant-colonel in the engineer service. 

Q. When did vou come to this country ? 

A. The 28th of September, 1848. 

Q. Where had you been located with your command before you 
came here ? 

A. In Hungary. 

Q. At what place ? 

A. At Komorn. 

Q. Did you at any time see Mr. Crampton in reference to recruiting 
for the British government ? 

A. Yes, sir. 

Q. State when you first saw him, and how you happened to go 
to see him? 

A. I was engaged as superintendent on tlie Panama railroad, but, 
being sick, returned to the United States and went to see Mr. Marcy and 
Mr. Gushing and other gentlemen, and when in Washington became 
acquainted with Captain Strobel. I knew Mr. Strobel previous to this, 
five years before. JMr. Strobel informed me that Mr. Ci-ampton was 
seeking officers for this business. In the end of February I went out 
with Mr. Strobel to see Mr. Cram})ton. I went to Mr. Crampton's 
with Mr. Strobel ; he was not at home ; he was at a dinner party at 
Mr. Marcy's. I left my card there, and went to I>altimore to my family. 
Four or five days afterwards I received a tclegra])]iic despatch from 
Mr. Crampton re<|uesting me to return to Washington. The next 
day I did so. I went over there, and was witli Mr. Crampton, and 
held a conversation of over an hour with him relative to this recruit- 
ing business. He made me a proposition requesting me to enter the 
regiment as colonel. I observed to him that I would not enter the 
service unless there was a perfect security as to my getting a commis- 
sion, as I did not wash again to enter the service of a despotic power. 

Q. What do you mean by "perfect security?" 

A. I mean a commission from the Queen, as no one else was able to 
gfve a commission. 

Q. What else occurred? 

A. Then I came to Philadelphia in the beginning of March, and 
saw Sti-obcl here; I also made the acquaintance of Mr. Hertz ; about 
the 10th or 12th of Marcli, ]\Ir. Howe came here and visited me. 

Q. Did Mr. Howe call on you of his own accord? 

A. He looked for me and visited me of his own accord, having heard 
from Mr. Kumberg that I was here. 



156 BRITISH RECRUITMENT 

Q. State the conversation between Mr. Howe and you? 

A. He made the same proposition. He stated that he had officers 
here, in Baltimore, in New York, in Chicago, and in different parts 
of the country. He then tokl me that he woukl obtain for me a com- 
mission ; that he had authority from Mr. Crampton so to do. I re- 
fused the offer, having other emi)h)yment here at tlie time. After- 
wards Mr. Howe visited me with two or three other gentlemen, and 
invited me to Jones's hotel. I went to him and dined with liim and 
these other gentlemen. I informed him at dinner of my opinion in 
relation to this recruiting business; that it had been forbidden in the 
United States. He showed me two placards, one in German and the 
other in English, and also a journey card and ticket, and told me that 
he did not think he could be laid hold of in the matter. 

Mr. Remak. He said that he felt certain that nothing could be 
done to him ? 

A. That notliing could be done against him in the United States. 
He also requested me, if I came to New Yoi'k, to visit him at Del- 
monico's hotel; I went there, but did not meddle any further in the 
matter, nor go to see him. 

Q. Did you at any time see Mr. Hertz, or have any conversation 
with him? 

A. I saw Mr. Hertz very often when I came to see Mr. Strobel. 

Q. Where at? 

A. Mr. Hertz's office, in Third street. 

Q. What was he doing? 

A. I do not know ; he was writing ; people came there for him — they 
came to see him. 

Q. Did Hertz have any conversation with you ? 

A. I said nothing to him; I simply saluted him. 

Q. Had he any conversation with you in reference to recruiting 
men? 

A. Yes, sir; I think he spoke of it. 

Q. What did he say? 

A. He said he sent people to Halifax, but not for military service; 
that he had a commission to do so. 

Q. What did he send them for ? 

A. I had my opinions as to why they were sent there, but I did not 
tell him, nor did he tell me. 

William Budd, sworn. Examined by Mr. Van Dyke. 

Q. Are you acqiminted with Mr. Hertz ? 

A. Since the 13th of March. 

Q. AVhere were you made acquainted with him? 

A. I was introduced to him as the agent in this city for the recruit- 
ing for the " foreign legion." 

Q. State what took place ? 

Judge Kane. What was the character of the introduction ? 

Witness. He was introduced to me as the agent by my friend, Mr. 
Strobel. AVe went down there one morning, and, after some prelimi- 
nary conversation between Hertz and Strobel, he introduced me to 
him. Strobel remained in the outside room, and he asked me Avhether 



IN THE UNITED STATES. . 157 

I would go to Halifax. He said that lie was agent of tlie foreign 
legion, and asked me whether I had called to receive information about 
it ; I told him I had ; he then told me that commissions were to he issued 
for men who would go on there, and he supposed that I would get one ; 
I then gave him my address, and he requested me to call again, and he 
would let me know when the first expedition started — to stop in every 
day and see him, and see what was going on ; I did so. He enga^-ed 
me to go on there for the purpose of obtaining a commission. 

Q. State the conversation fully, that occurred between him and 
you, in reference to your going tliere? 

A. Well, we had a great many conversations ; almost every day we 
talked about it. 

Q. When did you first agree with him to go to Halifax for the pur- 
pose of obtaining a commission? State the conversation that then 
took i)lace. 

A. I did not agree on the first interview; I told him I would think 
about it. 

Q. What did he say at that interview? 

A. He promised me a commission. 

Q. Did he ask you to go with that view ? 

A. Yes, sir, he did. 

Q. And you told him you would think about it? 

A. Yes, sir. 

Q. What next took place ? 

A. After two or three days, he asked me if I had made up my 
mind ; I told him yes, I would go to Halifax and see what took place 
when I got there. He then intended to send me with Captain Strobel, 
but I concluded not to go; there were not men enougli going, and I 
])referred to liear from him and hear how he got on when he got tliere. 
It was on a Sunday when he started, and I did not go with liim. 

Q. What did you do from the Sunday up to the time you started? 

A. On Monday, Hertz was in New York. 

Q. Who had charge of the office while he was gone to New York? 

A. Bosschart and myself were there, and we took several persons 
down who came in tliere. 

Q. Did you do that at the request of Hertz? 

A. We did at bis request. 

Q. Who was Bosschart acting for? 

A. I understood he was acting for Hertz. 

Q. Did you raise any men in that time? 

A. About twenty-five or thirty. 

Q. What did you do with them? 

A. The day before we started tliey all came there, and we gave 
them tickets and told them to be down to the New York boat next 
morning. I went down there after I received instructions from Hertz 
where to go to in New York. 

Q. Wliat instructions did you receive from him? 

A. He told me to go to Delmonieo's hotel, and call and see Buck- 
nell. We started^ and did not get any further than the navy yard, 
when we were arrested. 

Q. You took the men? 

A. I did not take them ; they were down on the boat. 



158 BRITISH RECRUITMENT 

Q. They were in your command? 

A. I had no real command; I was considered as leader of tlie party. 

Q. By arrangement with Hertz? 

A. Yes, sir. 

Q. How many had you? 

A. About thirty wlicn we started. I only saw twelve when the 
arrest was made. I think there were thirty. It Avas on a Wednes- 
day. I am not sure wlicther it was on Wednesday following the 
Sunday that Strobel went on with men. 

Q. Did you see the men go on the boat? 

A. I did, sir, and told several of them to hnrry up, or they would 
lose their passage. I took the tickets from them after we had started 
down the river. 

Q. What boat were you on board? 

A. The Delaware or Sanford — one of the New York line ; the 
Delaware, I think. 

Q. (Tickets shown witness, same as copied on page 138.) State 
whether those are the tickets used ? 

A. I do not know ; tickets like those the men had ; and after they 
got on the boat, tlie captain told me to muster them and take them up. 

Q. They got those tickets from Mr. Hertz and yourself, you have 
said ; where did you get the tickets you gave them ? 

A. From Mr. Hertz ; and when the tickets were taken from them, I 
gave them other tickets which the clerk of the boat gave me. 

Q. Who settled with the boat for those tickets? 

A. I do not know. 

Q. You started in the boat and were going down the river? 

A. Yes, sir. 

Q. What happened then ? 

A. When I mustered them and found there were so few, I was look- 
ing for the rest, when Mr. Jenkins came up to me and told me he 
would like to see me — that he liad a warrant for me, and the marshal 
would be up alongside in a steamboat in a few minutes ; I told him, 
very well. They searched me for papers, and brought me up to the 
office ; I do not recollect the names of any of the company. 

Q. Had a you a muster-roll ? 

A. I had. 

Q. Where is it? 

A. I rather think I tore it up when I was arrested. 

Q. (Cook containing the names of the men who enlisted at Hertz's 
office shown.) Do you know that ? 

A. Yes, sir. 

Q. What is it? 

A. I cannot say exactly whether it is a part of Strobel's company 
or mine — I rather think it is mine ; several of the men who had en- 
listed to go with Stroljcl's company did not go with him, but went 
with me, and this list is part of Strobel's and part of mine, I think; 
I do not know whose writing it is in ; Mr. Hertz gave me the list, and 
I suppose he wrote it ; I have seen the book in Mr. Hertz's office. 

Q. (Paper shown witness containing a list of names.) Do you 
know if that was the list of your company ? 



IN THE UNITED STATES. 159 

A. I think it was, to the best of my knowledge, and I think I made 
those marks on it. I had no list besides this. 

Q. (Another paper shown witness similar to the first.) Is that a 
copy of this? 

A. Yes, sir, I expect so. 

jir. Van Dyke here oflered in evidence the list of names which the 
.dtness identified as containing the names of the members of this 
.-"ompany, from which some of the bills had been drawn. The list is 
r.ad in evidence. 

Q. Do you recollect the names of James Johnson or Peter Muhn? 

A. I do not. 

Q. Do you recollect Mr. Bucknell coming into the office with the 
handbills ? 

A. Yes, sir. 

Q. Do you know whether Mr. Hertz took them, and wliat he did 
with them. (Bill containing the British coat-of-arms shown witness, 
same as copied on page 114.) Is that the bill ? 

A. Yes, sir. 

Q. What did Mr. Hertz do with them? 

A. Several were stuck up around the office and on the outside, and 
several were sent to be distributed. I understood they were sent 
around to the lager-beer saloons. 

Q. What became of the bills ? 

A. Mr. Bucknell took some away, and the rest were burned. 

Q. How did that happen? 

A. I went in one morning and saw some excitement ; they were 
shoving the papers in the stove, and they told me that Mr. Bucknell 
had taken the rest of them away with him. 

Q. Did you ever see Mr. Perkins in the office? 

A, No, sir. 

Q. What did Mr. Hertz tell you was to be the destination of the 
men you took ? 

A. Halifax. 

Q. What were they to do there ? 

A. To enlist in the foreign legion, if they were found physically 
competent. 

Q. Was there a ])hysician at tlie office for the pnrpose of examin- 
ing men tliat came there ? 

A. No, sir. 

Q. Do you know what he was paid for getting these men ? 

A. I do not know the exact agreement. 

Q. Did you ever see any telegraphing or letters written by Mr. 
Hertz ? 

A. Yes, sir. 

Q. State what the telegraph contained? 

A. I saw him write a telegraphic despatch to Bucknell ; he told him 
to wait. 

Q. Did you see any letter written by Hertz ? 

A. Yes, sir. 

Q. State what it contained ? 

Mr. Cuyler objected. 



160 BRITISH RECRUITMENT 

Q. To whom was the letter addressed ? 
A. To Mr. Biicknell. 

3Ir. Bucknell was here recalled. 

Q. Have you got tliat letter written by Mr. Hertz? 

A. I never remember his sending one. 

Q. Did you ever receive the telegraphic despatch he sent you ? 

A. Not that I can remember. 

il/r. Biidd's examination continued. 

Q. State what was in that letter. 

Mr. Cuyler objected. 

Q. Where did you last see the letter ? 

A. On Mr. Hertz's desk. 

Q. Who was at the desk at the time ? 

A, Mr. Hertz liimself ; he was writing at the time. 

Q. Have you seen it since ? 

A. No, sir. 

Q. Do you know whether it was ever put in the post office ? 

A. No, sir. 

By Mr. Cuyler. Have you any knowledge of it, except that it was 
a simple sheet of paper on which he was writing ? 

A. Yes, sir, he informed me of the nature of it, and read part of it 
to me. 

Q. By Mr. Van Dyke. Did he give that letter to you after it was 
written ? 

A. No, sir. 

Q. You have no knowledge of what became of it? 

A. No, sir. 

Q. Go on and state, to the best of your knowledge and recollection, 
what it was that Mr. Hertz wrote on that sheet of paper. 

A. Mr, Hertz was writing, and I was waiting in the outer office ; he 
asked me how I spelt my name, and told me that he was writing about 
me, and stating that I was coming on next day ; I then went around 
to where he was writing, and he again asked me how I spelt my name, 
and I looked over his shoulder and saw he was writing to the agent 
in New York that I was coming on with men, and he hoped, he wrote, 
that he would keep his word and send him on money at the rate of 
four dollars for superior brands, and two dollars for inferior brands. 

Q. What did he mean by superior and inferior brands ? did he give 
you to understand ? 

A. No, sir, he did not. I understood this perfectly ; it meant men. 

Q. Did you see liira writing any telegraphic despatcli ? 

A. I saw him write a telegraph, asking whether 1 should come on 
next day or not ; I forget wlio took it to the office. 

Q. Was there anything in it besides that ? 

A. He did not use my name ; he asked whether he should send 
twenty or thirt}^ parcels next day. 

Q. Do you know whether he got an answer ? 

A. Yes, sir. 

Q. What was the answer ? 



IN THE UNITED STATES. 161 

.4. "Yes." It was signed "B." I think it was '^ Yes, all right." 
It was in the affirmative. He then told me to get ready to go next 
morning. 

Q. Did he say anything to you in reference to getting directions in 
New York as to what to do ? 

A. He told me I would get directions for money or assistance from 
the agent at Delmonico's hotel to proceed on to Halifax. 

Q. Did he mention the name of the person there ? 

A. He asked me whether I would know Bucknell again, and I told 
bim yes. 

Q. Did Hertz give you any money before you left? 

A. No, sir. 

Q. Had you any conversation with him after your arrest? 

A. Oh, yes. 

Q. What was it? 

A. He said so much, I cannot state it. 

Q. State what he said in reference to this recruiting business after 
you were arrested. 

A. After they had arrested me the marshal went on shore and ar- 
rested Hertz, at his office, and they kept us in the Delaware a couple 
of hours, imtil they had ]»reparations made for our reception. The 
deputy marshal kept the boat out, and when we came up to the office 
I found Mr. Hertz here. He said, " All right ; I will bail you out;" 
and I did not think anything more about it until I was committed. 

Q. Did he say anything about remaining quiet? 

A. Not then ; not until the latter part, when I had some difficulty 
in procuring bail. 

Q. What did he say to you then? 

A. He said keep quiet ; I will have you out. He afterwards said 
something about the matter ; it was to keep my mouth shut, it would 
be all right ; I would be well paid for it. 

Cross-exfJ mined by Mr. Cuyler. 

Q. Wlieu was it you were arrested? 

A. I cannot exactly remember the day, but it is very well known ; 
I think it was in the latter part of March. 

Q. Was there any previous communication between yourself and 
the United States officers before the arrest ? 

A. None whatever. 

Q. This arrest was not, then, in consequence of any conversation 
between yourself and the authorities, directly or indirectly ? 

A. No, sir. 

Q. Your arrest was a complete surprise to yourself? 

A. Yes, sir, to me ; I was totally unprepared for it. 

Q. Where did the conversation take place when he told you to keep 
your mouth shut ? 

A. Once down in the prison, and once in the commissioner's office. 

Q. By Mr. Remak. In what country were you born? 

A. I decline answering that question, as it implicates myself. I 
have been advised to decline answering it. 

Q. By Mr. Van Dyke. Did you ever state under oath where you 
were born ? 

Ex. Doc. 35 11 



162 BRITISH RECRUITMENT 

A. Never, 

Q. By Mr. Cuyler, Do I understand you to say distinctly that to 
answer the question, where you were born, woukl involve you in a 
criminal prosecution ? 

A. No, sir ; but to answer whether I am a citizen or not would in- 
volve me in a prosecution. 

Q. By Mr. Remak. Have you not been arrested and held to bail 
before the United States commissioner Heazlitt, on the charge of having 
retained and hired men for the foreign service? 

A. I believe so ; that is the charge on which I was arrested and 
held to bail for a further hearing. 

Q. And were you not, on the 28th of March, 1855, a defendant be- 
fore commissioner Heazlitt ; that was, the day you were arrested? 
A. Yes, sir. 

Q. Did you not turn state's evidence on the 28th of March, against 
Hertz ? 

A. 1 believe that was the first day I gave evidence. 
Q. Did you not say before the United States commissioner that 
Hertz had promised you money in case you would keep your mouth 
shut ? 

A. I did so at that time. 

Q. Did you not receive that money because you were in very des- 
titute circumstances? 
A. No, sir, I did not. 

Q. Had you any money in your pocket the time you were in prison ? 
A. I had. 
Q. How much ? 
A. I had sufficient. 

Q. You stated in your examination in chief that Strobel introduced 
you to Hertz as an agent of the English government ; why did you 
not say so before the United States commissioner? 

A. I said so ; I do not know whether I used the exact words, but to 
the same sense. 

Q. It is here, in the published report of the proceedings, that you 
said, " I W9,s introduced to Hertz about the 15th of March, by Mr. 
Strobel ; was introduced to Hertz as the ])erson who would give me 
all the information about organizing the foreign legion in Nova Sco- 
tia." Did you not say that? 
A. Yes, sir. 

Q. You said to-day that you were introduced to him as the agent of 
the English government? 
A. For that purpose. 

Q. Did you or did you not state before the United States commis- 
sioner that Hertz was introduced to you as the agent for the English 
government? You say now that he was introduced to you as the agent 
of the English government? 

A. He was introduced to me as agent appointed in this city by the 
government for whom the foreign legion was to be raised. 

Q. You said that he was introduced to you there as the person who 
gave the information ? . .,■ 

A. In that capacity. 



IN THE UNITED STATES. 163 

Q. Did you not employ the word agent ? 

^. I do not recollect it. 

Q. Did you not say before the United States commissioner that it 
was left optional to any person coming into the office whether he would 
go to Halifax or not, or what he would do there ? 

A, I said that, of course, it was left optional with the recruits to 
go to Halifax, hut after they got there force was to be used to induce 
them to enlist. 

Q. Did you then state to the United States commissioner that Hertz 
was the agent to enlist those persons for foreign service ? 

A. I did not say so. 

Q. Did you not state to the United States commissioner that Hertz 
sent men to Halifax, and it was immaterial to him what they were 
going to do there ? 

A. I do recollect that Hertz sent them to Halifax for the purpose 
of being enlisted in the foreign legion ; of course, he had nothing 
to do with them alter they got tiiere. 

Q. Do you remember the 31st of March, when Ricliard Vaux was 
your counsel, and when Benjamin Rush made that great speech ; were 
not you a defendant at the beginning of that period ? 

A. I do not know. 

Mr. Van Dyke. There is no dispute about it. He was a defend- 
ant, and was discharged by the commissioner by my direction. 

Mr. Remak. It is for the jury to know ; I desire to know whether 
or not the witness, on the 31st of March, was a defendant, and had 
made up his mind to turn state's evidence at the time? 

Mr. Van Dyke. I discharged him for the purpose of using him ae 
a witness. 

]\Ir. Remak. I desire the answer of tlie witness. 

Witness. I think I made up my mind ; I think so ; I am not 
positive. 

Q. Did not Mr. Hertz say to you that lie had no power whatever to 
give commissions ? 

A. He said he had not power to issue commissions here. 

Q. He said he had no power to give any commissions? 

A. Here. 

Q. Do you believe he had any power to do so ? 

A. I really do not know. 

Q. Was Mr. Strobel present when you conversed with Mr. Hertz? 

A. On some occasions. On the first occasion he was present during 
only tlie first part of the conversation. 

Q. Who else was present ? 

A. No person. 

Q. Did not you desire to see Mr. Hertz yourself? 

A. After I was informed that he was the general agent of the Eng- 
lish government, I did. 

Q. Had you a desire to enlist in foreign service ? 

A. No, sir, I was not going to enlist ; I was to receive a commission, 
not to enlist. 

Q. And you say Hertz did not promise you any commission at all ? 



164 BRITISH RECRUITMENT 

A. I did not say so. I said he promised me that the fact of my 
going on there wonkl insure me a commission when I got there. 
Q. He had not power to give one ? 
A. Not here. 

Q. From whom did you receive tickets? 
A. From Mr. Hertz. 
Q. What were the tickets for? 

A. To give to those men I was going to take on, to get their pas- 
sage. Nothing else was given to the men. 

Q. You state, I think, that ahle-bodied men could he attested in 
Halifax, if they proved physically competent? 
A. Yes, sir. 

Q. Did you hear Mr. Hertz say at any time that ''physically com- 
petent" men would he received at Halifax? 

A. No, sir, not these exact words ; he has said, if they were sound; 
and has asked me if they were all right. 

Q. Why did you not say that before the United States commis- 
sioner ? 

A. I suppose I was not asked ; I do not know the reason I did not. 
Q. Did not your examination before the United States commissioner 
last for some time — for two hours ? 

^. I do not know : it lasted for some time ; I could not exactly say 
what time. 

Q. Were not you asked at the time all you knew about it ? 
A. I was, but I may have forgotten some particulars ; I had heard 
so much that I could not remember exactly all. 

Q. How comes it that you remember it now, and not then ? 
A. There is some conversation which I related then that I cannot 
remember now. 

Q. Who have you had conversations with in the meantime about 
this proceeding — that is, from the 31st of March to this 23d of Sep- 
tember ? 

A. With a great many persons with whom I am acquainted ; I 
merely talked the matter over. 

Q. Were not you very partial to carrying on the war in Europe 
against Russia, and for that reason you wanted a commission ? 

A. I do not know, sir ; I never remember expressing my senti- 
ments ; I wanted to go there to have a light, and 1 did not care which 
side I went on. 

Q. Have you not changed since that time in regard to the war in 
Europe? 

A. No, sir, not in the least. 
Q. You are now on the Russian side? 
A. No, sir, I am not on either side. 

Mr. Van Dyke here stated, that as the attorney for the defence 
(Mr. Remak) had seen fit, in order to impeach the testimony of Mr. 
Budd, to read a ])art of his testimony before the United States commis- 
sioner, in justice to Mr. Budd, he deemed it proper, in corroboration of 
the testimony of the witness, to read the whole of the testimony before 
the commissioner, that the jury might see that there is no discrepancy 



IN THE UNITED STATES. 165 

in the two statements. (Mr. Biidd's testimony before United States 
commissioner Heazlitt is here read by Mr. V.) 

John Jacob Bosschart, sworn. Examined by Mr. Van Dyke. 

Q. Do you know Mr. Hertz ? 

A. Yes, sir. " :; 

Q. How long have you been acquainted with him ? 

A. I guess I got acquainted with him last March. 

Q. Where did you first get acquainted with him? 

-^ I do not know exactly whether I got acquainted with him at 
my own house or first at his office, No. 68 South Third street. I 
think it was at my house. I was in the habit of attending his office 
during the month of March. 

Q. State all that took place between you and him^ and between 
him and other persons, in relation to enlisting for the foreign legion? 

A. I was first made acquainted with the business by Mr. Leob. 
He told me that Mr. Hertz had entered into the business of recruiting 
for the British foreign legion. Some time afterwards, Dr. Biell, who 
was hording with me at the time, told me about it, and I soon after 
saw an advertisement in the German Democrat, Pennsylvanian, and 
Ledger, that they wanted men for the Britisli foreign legion ; that 
every one who chose to go to No. G8 South Third- street would 
learn the particulars. Dr. Biell and Ascheufeldt went down there, 
and I went too, to see what was going on ; I saw the officers and men 
going there, and spoke to Mr. Hertz about this foreign legion, and 
about their pay and commissions. Some of them signed their names 
in the book, and some of them were taken down by Hertz himself. 

Q. What was the character of the conversation which took place 
between Mr. Hertz and the men when they came up there ? 

A. The men came in and generally asked if that was the recruiting 
office, or office to enlist men for the foreign legion ; the reply gener- 
ally was that that was no recruiting office, and that they could not 
be enlisted there, but if they chose to go to Halifax they might be 
enlisted there; then he showed them the handbills, which stated that 
$30 bounty was given, and |8 a month to the men ; he said that it was 
in his power to give them a commission. 

Q. (The handbill shown witness containing British coat-of-arms, 
already i)ublished, page 114.) Is this the kind of handbill which 
he showed them? 

A. Yes, sir. 

Q. What did the men say they wanted to go to Halifax for ? 

A. They wanted to go to Halifax to serve in the foreign legion — 
that is, the men who came to the office. 

Q. Did he engage them to go there for that purpose? 

A. As I understood, lie engaged them to go for that purpose. 

Q. To enlist when they got there ? 

A. Yes, sir. 

Q. And they told him that that was their intention when they got 
there ? 

A. Yes, sir, they told him that. , 

Q. How long were you with him in that office ? 



1C6 BRITISH RECRITITMENT 

A. I was tliere every day from the beginning of the business until 
we were arrested. 

Q. Do you recollect any physician who examined the men? 
A. Well, I recollect tliat Dr. Biell examined some of them. 
Q. Do you know what Mr. Hertz was to get for sending on these 
men? 

A. No, sir. 

Q. Do you know who employed Mr. Hertz to do this business? 
A. I was told j\Ir. Howe employed him, 
Q. Who told you ? 
A, I do not recollect who told me. 

Q. Do you recollect Mr. Hertz ever saying anything about iit? 
A. I heard Hertz talk frequently about Hov.-e, but cannot recollect 
distinctly that he said that Howe employed him. 

Q. Did Hertz, in speaking of the manner in which he was employ- 
ed to conduct this business, speak of Howe as being connected with his 
being employed ? 
A. Yes, sir. 

Q. Did Mr. Hertz ever say anything to you about Mr, Crampton 
having employed him ? 

A. He told me he had seen Mr. Crampton on the subject. 
Q. What did he say had taken place between him and Mr. Crampton ? 
A. He did not say what had taken place between him and Mr. Cramp- 
ton — not that I recollect. 

Q. You recollect the departure of Captain Strobel and his company? 
A. YeS; sir. 

Q. Were you at the wharf at the time ? 
A. Yes, sir. 
Q. Was Hertz there ? 
A. Yes, sir. 

Q. To assist in getting them off? 
A. Yes, sir. 

Q. Did he engage that company to go to Halifax? 
A. Yes, sir. 
Q. For what purpose ? 

A. For the purpose of enlisting in the foreii'n legion, as I understood. 
Q. Do you know whether he went to New York to make arrange- 
ments for sending that company from New York to Boston ? 

A. That company started from here on Sunday morning, at 10 
o'clock, and Mr. Hertz went to New York on Sunday night, in the 
half-past one o'clock train, to make arrangements to see that the men 
got off from New York ; he returned to this city on Monday night or 
Tuesday morning ; I saw him on Tuesday morning again in the office. 
Q. While he was away who had charge of the office? 
A. I had charge of the office. 

Q. Were you directed to conduct the business for him while he was 
away ? 

A. Yes, sir. 

Q. And those men who were enlisted during the absence of Hertz, 
on Monday, were engaged by you at the direction of Hertz ? 

A. Yes, sir ; I took the names on a piece of paper as directed, and 



IN THE UNITED STATES. 167 

told the men that Hertz would be back on Tuesday, and find a vessel to 
bring them on to Halifax, 

Q. Why did you not take the names in the book duringhis absence ? 

A. I guess I was directed by Hertz to take them down on the paper. 

Q. (Paper shown witness.) Is that in your writing ? 

A. I could not say whose writing it is — some of it is written by me ; 
two of the names are written by me, Robert Korn and Peter Sable ; 
it is the list which was kept in the office ; that list contained the names 
of tliose who engaged to go. 

Q. (Another paper shown.) Is that another list of the names kept 
in the office ? 

A. Yes, sir ; there is none of my writing on that. 

Q. (Book containing the names of those who enlisted, which has al- 
ready been partly published, shown.) Look at that book and say 
whether you see any of Hertz's writing in it? 

A. Tlie names on the first page, I think, are all written by the 
men ; on the second page also ; and on the third page some of them 
are written by Hertz. 

Q. (List of officers in the back of the book shown witness.) What 
is that ? 

A. That is a list of the officers. It is in Mr. Hertz's writing. It 
contains the names of Strobel, Esson, Shuman, Biel, Lisepenny, 
Budd, Aschenfeldt, Riter, and Anglere. I know those men engaged 
to go as officers — some of them as non-commissioned officers, and 
some of them as commissioned officers. 

Q. Do you know what pay Mr. Hertz got for this? 

A. No, sir. 

Q. (Tickets shown.) Did you see many of this kind of tickets 
about the office ? 

A. Yes, sir, there were a great many of those tickets. 

Q. Did the men who went in Strobel's company get any tickets ? 

A. I guess 80 ; I am not certain. 

Q. (Another book shown.) Do you know that book ? 

A. I saw that book once there. 

Q. Whose writing is that in it ? 

A. I guess it is the writing of a man in the employ of Mr. Hertz, 
Mr. Holm. I do not know exactly, but I think so. 

Book read m evidence, from which it appeared that Hertz was 
debited with $750, and credited by cash with $300, and then charged 
with 758 tickets. 

Q. Do you know wlio he got that cash from ? 

A. No, sir. 

Q. (Some handbills were shown witness, same as on page 114, ante.) 
How many of those handbills did you see about there? 

A. I could not tell how many. I saw a package of them; Mr. 
Bucknell brought them. 

Q. Were any of them posted about? 

A. Yes, sir 

Q, By whom ? 

A. I cannot tell. 

Q. Who directed it to be done ? 



168 BRITISH RECRUITMENT 

A. Mr. Hertz. 

Q. Do you know who paid the German Democrat for the advertise- 
ment of this call ? 

J. Mr. Hertz did. 

Q. Where did he pay ? 

A. In his office. 

Q. Who called for it? 

A. The clerk of the Democrat, Mr. Morris, 

Q. Did you see him pay ? 

A. I saw him pay. 

Q. You were arrested at the office ? 

A. Yes, sir. 

Q. With Mr. Hertz, on the morning that the steamer started ? 

A. Yes, sir. 

Q. Was it hefore or after the men were arrested ? 

A. On the very same day. 

Q. It might have heen earlier in the day or later in the day ? 

A. It was after the men had started. Mr. Budd was put in com- 
mand of them. 

Q. Do you recollect the list of the names of those who went with 
Mr. Budd? 

A. I think that is the last list shown me, hut I am not sure of it. 

Q. Do you know whether all those who went with Budd were en- 
gaged hy Hertz to go with him ? 

A. They were engaged by Hertz to go to Halifax. 

The witness was here questioned hy Judge Kane as to the larger 
hook which he had identified as containing a list of the names of 
persons enlisted. 

Q. Was anything written in this book on the page preceding that 
containing the name ? 

A. No, sir ; it is a list of officers, with their rank. 

Q. It has been cut out ? 

A. Yes, sir, the list of officers is cut out. 

Q. It was the list of officers, with their rank? 

A. Yes, sir, they put their names down, and the rank they were 
to hold there was put down by Hertz. I mean military rank. 

Q. That was all on the page cut out ? 

A. Yes, sir ; there are two leaves cut out ; one was for the com- 
missioned officers, and one for the non-commissioned officers ; I 
recollect there is a list of officers written in the back of the book after 
they were cut out, and that was just a memorandum. 

Dr. Peter Joseph Beuss, sworn. Examined by Mr. Van Dyke. 

Q. You are a physician? 

A. Yes, sir. 

Q. What country do you belong to? 

A. Hesse ; I have been in this country this 26th of September is 
four years. 

Q. Will you state whetlier you came to Philadelphia in March or 
Ai)ril last, and for what purpose ? 

A. I came to Philadelphia for the purpose of going to Halifax ; I 



IN THE UNITED STATES. 169 

■was to go to New York, and thence to Montreal ; I came here in- 
duced by a proclamation in the Philadelphia German Democrat ; I 
went through here to New York, and from New York to Halifax. 

Q. Did you stop at Hertz's here ? 

A. No, sir. 

Q. Why not ? 

A. Mr. Remak objected. 

Q. Had Hertz been arrested at the time you arrived here ? 

A. I do not know that, because I did not stop in Philadelphia ; I 
went to New York and Montreal, and then to Boston, and from 
Boston to Halifax in the Africa. 

Q. Is that the steamer ? 

A. No, sir, the barque Africa. 

Q. When you got to Halifax, where did you go, and who did 
you see ? 

A. I went to the Provincial Building, and spoke with Mr. Wil- 
kins and Mr. Bruce McDonald. 

Mr. Remak. Be good enough to bring this home to Hertz. 

Q. By Mr. Van Dyke. Have you at any time had any conversa- 
tion with Hertz, before or after that? 

A. No, sir. 

Q. When you arrived in Halifax, state what you did? 

A. I went to the Provincial Building and met Wilkins, the first 
secretary of Nova Scotia, and ^he same day afterward I spoke with 
Sir Gas])ard le Marchant, the governor of Nova Scotia. I sent some 
days before a letter in the French language to Sir Gaspard le 
Marchant, and told him what I came to Halifax for — that I was in- 
duced by his proclamation. I had sent a man before to No. 68, 
South Third street, Philadelphia, to see what the business was, be- 
cause it was in the proclamation that physicians and surgeons would 
be engaged with good pay, and this man came back and told me that 
the whole business had been stopped by the United States attorney, 
and that he had spoken with one man on the subject, but he did not 
tell me his name, and he told him that tlie business was all right, to 
go to Halifax, and I would be engaged as physician for the regiment. 
I wrote the letter, but did not receive any answer, because the 
business was stopped. In Halifax, the governor told me that I could 
not be engaged unless I raised men. I refused that, because I told 
him I did not come for that business ; I came to be engaged as doctor, 
and not as recruiting officer. Mr. Wilkins called on me some time 
afterwards, and told me that if I raised men in the United States, I 
should be engaged, butnot if I refused ; and then I was obliged to go, 
because the governor told me I could not be engaged without this ; 
then I was employed as officer of recruiting, and went with Captain 
Strobel to the States, and was sent by him to Detroit, in Michigan. 
Q. Did you hear any conversation at any time between certain 
gentlemen when Mr. Crampton was present? 

A. Yes, sir, in Halilax, on the 15th of May, we met Mr. Cramp- 
ton. 

Q. Who told you to meet him ? 

A. Strobel called on me on the 14th of May, and told me to come 



i 



170 BRITISH RECRUITMENT ' 

to the Provincial Building, Halifax, and meet Mr. Crampton and Sir 
Gaspard le Marchant ; and I went, and found there Lieutenant Pres- 
ton and StrobcK and some other officers. 

Q. AVliat took ])lace in that conversation ? 

A. That conversation was, that we should go to the United States 
and raise troops. 

Q. Who told yon to do that ? 

A. Mr. Crampton and Sir Gaspard le Marchant, with Mr. Strohel, 

Q. They said that to Strohel? 

A. Yes, sir, and that he would go to Canada and the States and 
arrange this, so that we could raise troops without danger. 

Q. What plan did they give you to raise these troops without 
danger ? 

A. That is what they spoke to Captain Strohel. I did not hear 
every word, hut lieard them tell him that we should go to the States 
and arrange the business, so that we could not he caught by the United 
States officers. 

Q. They told Captain Strohel that he should go to the States and 
arrange business so as not to be caught by the United States officers? 

A. Yes, sir. 

Q. Who told Strohel that? 

A. Mr. Crampton ; he made the arrangements with Strohel, and 
spoke that to Sir Gaspard le Marchant. 

Q. What plan did Mr. Crampton say you were to adopt in the 
States to prevent being caught by the officers ? 

A. That we should do it very still ; not to work too openly ; and 
that we should engage runners and any other men who would bring 
men to the depots, and from these depots we were to send them to 
Canada West to the barracks. 

Q. What kind of runners did he speak of your engaging? 

A. Boarding-house runners, emigration runners, commission-house 
runners, and every kind of runners, I believe. 

Q. Did he say anything in reference to what you were to say to 
these men ? 

A. That every man was to receive $30, and $5 was to be taken for 
payment of expenses ; that is what I learned from Strohel afterwards — 
that is, what was promised the men. 

Q. Was anything said about that in conversation with Mr. 
Crampton ? 

A. No, sir, not to me — it was spoken to Mr. Strohel. 

Q. He told Strohel they were to have $30 ? 

A. Yes, sir, and $8 a month ])ay — cash. The bounty was given 
for enlisting. Each runner should receive $5 a head for enlistments. 

Q. That was the pay of tlie runner ? 

A. Yes, sir, if the man was capable of being enlisted — not if the 
man was refused. 

Q. Were they to get any pay for men refused ? 

A. No, sir, 

Q. Then it was only for the men who arrived at the barracks and 
got enlisted that they were paid $4 a head ? 

A. Yes, sir. 



IN THE UNITED STATES. 171 

Q. Did you receive any money at that time for tliis purpose? 

A. On the 14th of May I received from Captain Strobel $220. 

Q. Where did he get it from? 

A. Out of the Provincial Buihling. Mr. Bruce McDonald gave 
him the money in my presence. He is the clerk of Mr. Wilkins, or 
second secretary, I do not know which it is. 

Q. What were you to do with that $220 ? 

A. To run to the United States for these men ; that was the pay 
for half a month for myself and one sergeant. 

Q. Did you see Mr. Crampton after that? 

A. We left the next day, the 19th of May, and we came to Windsor, 
in Nova Scotia, and when we got there we took the steamer to 
St. John's. 

Q. Where did you next meet Mr. Crampton ? 

A. I saw him in Windsor, and saw him on the ship to St. John's, 
and next day at Portland. At Windsor we took the Creole for 
St. John's, and I saw Mr. Crampton in the presence of Lieutenant 
Preston and another English officer — I do not know his name He 
came on board to us there at St. John's. He talked very often to 
Captain Strobel, and I went in the same ship witli him to Portland. 

Q. Did you see him afterwards in Portland ? 

A. No, sir ; I know he left the steamer at Portland. 

Q. Where for? 

A. To go to Montreal. 

Q. Who went with him ? 

A. I believe Captain Strobel ; I took the cars for Boston, and from 
Boston to Niagara Falls. 

Q. For this purpose ? 

A. Yes, sir, at Niagara Falls I expected Strobel with orders how 
we should go on. 

Q. You did not see Crampton afterwards ? 

A. No, sir. 

Q. Did you see any written instructions at Halifax? 

A. I saw the proclamation. Mr. Wilkins showed me the pro- 
clamation for enlisting. 

Q. (Proclamation with British arms on it shown the witness, 
same as on page 114^ ante.) Is that the one ? 

A. Yes, sir, I saw that ; Mr. Wilkins gave me one of them ; he 
gave it to me in the Provincial Building to read it ; he was secretary 
of Nova Scotia. 

Q. What did he say it was for? 

A. It was for the foreign legion. 

Q. Did he say that this was the placard under wdiich they were 
acting ? 

A. He told me if I should be engaged I should go on to the States 
and raise troops, but that without this I could not be engaged — 
saying what Sir Gaspard said to me. I did not see Mr. Howe ; he 
■was n(^t in Halifax at that time ; I heard very olten from him. 

Q. Have you at any time seen Mr. Hertz? 

A. Not in this business. 

Q. Did he ever say anything to you about this business? 



172 BRITISH RECRUITMENT 

A. No, sir. When I came witli Strobel, I heard from Halifax that we 
coukl not be engaged because we did not do anything in getting men. 

Q. What do you mean by that ? 

A. That we did not raise plenty of men, and squandered all the 
money, as they said. 

William Eckert, sworn. 

This witness did not speak English, and was interpreted by Mr. 
Oehlschlager. Examined by Mr. Van Dyke. 

Q. Can you write ? 

A. No, sir ; I can read my name ; I knew Mr. Hertz ; I saw him 
at No. 68 Soutli Tliird street. 

Q. What did you go there for ? 

A. I went to enlist ; I wanted to enlist in the British army. 

Q. Did you enlist ? 

A. I did not enlist ; I went down with a good friend of mine, whom 
I requested to bring me down ; he did not go down with me, but 
suggested to me another who went down with me ; my friend si)oke 
for me, and said, "Here is a man who wishes to enter the British 
army." 

Q. Who did he say that to ? 

A. Mr. Bosschart and Mr. Budd. One of the gentlemen answered, 
" We do not busy ourselves with it ; we will merely send you to 
Halifax, and then if you wish to serve you can serve, and if you wish 
to work you can work:" that the men were enlisted in Halifax. My 
friend asked how much bounty money in hand was received, and 
Mr. Budd told him he would receive as bounty $30, and $8 a month. 
Well, then I asked whether there was nothing' paid in advance or im- 
mediately, for the few days I would have to remain here. They said 
they gave nothing ; then I went away. They asked me what my 
name was ; I did not write it ; Mr. Bosschart wrote it. 

Q. Where did he write it ? 

A. On a sheet of paper. 

Q. Did you agree to go ? 

A. Yes, sir. 

Q. Did you get a ticket for your passage ? 

^. Yes, sir. 

Q. Who gave it to you?' 

A. Mr. Hertz. 

Q. When was it he gave it to you — the day you sailed, or before? 

A. On Wednesday afternoon. 

Q. Did you engage to go with the intention of enlisting when you 
got there ? 

Mr. Remak objected to the question as a leading one. 

Judge Kane. The (juestion is too directly indicative of its answer. 

Mr. Van Dyke. W^hat was it your intention to do when you got 
to Halifax ? 

A. I wanted to go to the Crimea. 

Q. In the " foreign legion?" 

Mr. Remak objected. 



IN THE UNITED STATES. 173 

Question hj Mr, Van Dyke. In what capacity did you want to go 
to the Crimea ? 

A. Asa soldier. 

Q. When Mr. Hertz gave you the ticket to go to New York, did he 
understand that it was your intention to enlist when you arrived at 
Halifax ? 

Mr. Remak objected. 

Q. Did Mr. Hertz, at the time he gave you a ticket to go to New 
York, know that it was your intention to go to Halifax? 

Mr. Remak objected. The objection was overruled. 

A. Mr. Hertz was not there the first day. 

Q. I refer to the time he gave you the ticket; at the time Mr. Hertz 
gave you the ticket to go to New York, did he know it was your in- 
tention to enlist when you arrived at Halifax ? 

A. Mr. Hertz was not there when my friend brought me to the 
office. 

Q. You have said that Mr. Hertz gave you a ticket to go to New 
York?^ 

A. Yes, sir. 

Q. At the time Mr. Hertz gave you this ticket to go to New York, 
did he know it was your intention to enlist ? 

A. I do not know whether the other gentleman told me the reason 
why he wished me to go to New York. 

Q. Had you told Mr. Budd your intention ? 

Mr. Remak objected. The objection was overruled. 

A. He heard it. 

Q. On Monday? 

A. Yes, sir. 

The counsel for the defence, (Mr. Remak,) in the course of the exam- 
ination of this witness, frequently interrupted^ and attempted to cor- 
rect the interpreter in his interpretation of the language of the wit- 
ness. On the conclusion of the examination, he called Mr. Oehlschlager 
to the stand, for the purpose of questioning him as to his interpreta- 
tioi! of the witness, but on after-consideration waived the examinatiou. 

Augustus Titus, sworn. Examined by Mr. Van Dyke. 

Q. Do you know Mr. Hert^? 

A. Yes, sir. , 

Q. Wliich is the person ? 

"Witness (pointing to Hertz.) That is the gentleman sitting there. 

Q. State what you know of this matter ? 

A. Well, I was here in the city Avithout work, and I had no board- 
ing house to go to, as my landlady had told me to leave ; so I read of this 
place in the Ledger, and went down and saw Mr. Budd there, and a 
couple of other gentlemen ; I went in and asked them if this was the 
place where they enlisted them, and I was told 

Q. Who did you ask that? 

A. The gentleman is not here — he was a stranger to me. Mr. Hertz 
was not there the first time. 

Q. How long was this before you sailed ? 

A. It was about 3 o'clock in the afternoon of day before. Then I 



174 BRITISH RECRUITMENT 

was told that I could not see the agent now, that he was out, and to 
come in two hours after that time. I came in, and I saw Mr. Budd, 
and he asked me my name ; and I told him my name, and he wrote it 
down on a sheet of paper. 

Judge Kane. How came he to ask your name? 

A. Well, I don't know, without he wanted to put it down. 

Q. Did you tell him what you wanted ? 

A. I asked him if this was the ])lace where they enlisted, and he 
said no, it was not tlie place where they enlisted, but the place where 
they got men to take them to Halifax. 

Q. For what purpose? 

A. For enlisting. I gave them my name. My intention was only 
to go to New York. I was going to New York, and there I was going 
to leave them. 

Q. Did you tell them that was your intention ? 

A. No, sir, I did not; I kept that to myself. 

Q. You were going to out- wit them then, I suppose ? 

A. Well, I was going to try to ; I did not know whether I would 
succeed. 

Q. What did you tell them you intended to do? 

A. I told them I intended to go out to Halifax for the purpose of 
enlisting. 

Q. When did you see Hertz? 

A. On the morning we sailed I saw him ; I went up to the office 
and asked him what boat I was to go on, and he said that he would 
be down and make arrangements. There were Mr. Hertz, Mr. Budd, 
Mr. Bosschart, and another gentleman standing talking together, and 
I went down to the boat and waited until Mr. Hertz came down. I 
cannot say whether he came with Budd or not. I stopped down at 
the boat, and before we started Mr. Budd went around the wharf to 
see whether any one else was off the boat, and when he found there 
was none there, he came on board, and just before we commenced to 
start he called us all up. He did not form us into a rank. Sometimes 
he came to us one by one, and sometimes two or three were collected 
together, and he would ask our names. We told him our names, and 
he marked a cross, 1 think. I won't say it was a cross ; it was a mark 
of his own on the })aper. At that time we went down to the navy 
yard, when Marshal Wynkoop caught us. [Laughter.] 

Q. Did you get a ticket? 

A. Yes, sir, I got a ticket of Mr. Budd, at 68 South Third street. 
Mr. Hertz was not there at the time. I can read. 

Q. (Ticket shown.) Is that the ticket ? 

A. That is the color of the card (green) I got. On the back was 
" Pine St. Wharf," and those are the letters (" N. S. R. C") I have 
had them in my head from that day to this, and ever will remember 
them. 

Judge Kane. Perhaps you can tell us what those letters mean? 

A. No, sir, I cannot. They stand for something I am not able to 
tell. 

Q. You say you can read. (Paper shown.) Is that the paper he 
marked your name on ? 



IN THE UNITED STATES. 175 

A. Well, I cannot say whether it was a whole sheet or half sheet. 
He had it lying on a table. 

Q. Well, your name is on that sheet ? 

A. Yes, sir, my name is on there, No. 9. 

Mr. Van Dyke. Is there any cross examination ? 

Mr. Cuyler. There is a frankness about this witness that quite dis- 
arms cross-examination. 

Charles Weaver, sworn. Examined by Mr. Van Dyke. 

Q. Do you know Mr. Hertz ? 

A. Yes, sir. 

Q. Can you point him out here? 

A. (Pointing to Hertz.) That is the gentleman. 

Q. Did you see him in March, 1855 ? 

A. Yes^ sir, down in Third street. 

Q. What did you go there for? _ ■ 

. A. I went down because I heard from some of my friends that they 
were enlisting soldiers for the British array there. I went down — it was 
an'hour before they started — and I asked him whether he enlisted men 
to go into the British army ; he said no, I do not enlist, but if you 
want to be enlisted I will give you a ticket to New York, and from 
there the officer would give me a ticket to Halifax. 

Q. Did you tell him you would enlist in Haliiiix? 

A. No, sir, I did not tell him that ; I told him I wanted to enlist, 
and he gave me a ticket ; he did not give me any money ; he took my 
name. 

Q. Was it written in a book, or on paper ? 

A. I suppose it was written on a sheet of paper; Mr. Hertz took 
my name — he wrote it. 

Q. Did you go on board the boat? 

A. Yes, sir. 

Q. (Ticket shown.) Was it one of these tickets that you had ? 

A. Yes, sir, 1 had one of that kind ; I went down to Pine street 
wharf; Mr. Hertz was there tlie day the boat sailed; I went down 
with a friend of mine to the boat ; I saw this man, Mr. Bosschai't, 
there, and he said, this is the boat that goes to New York ; Mr. Budd 
was on the boat — he was in command ; he took my name on board the 
boat, and called us together the same as an officer ; there were twelve 
or thirteen men togetljer, and he had coihmand of them ; that is what 
I saw ; lie took the names on the list, and as he took them he called 
us together, and told us to go on tluit side or this ; he mustered us into 
rank. 

Mr. Cuyler. What do you understand by mustering into rank? 

A. Well, we stood in a line, and he said, fall in. 

Q. Who told you that? 

A. This young gentleman, (pointing to Budd.) 

Q. That is not Mr. uertz? 

A. No, sir. 

Q. Who is it? 

A. Mr. Budd ; that is the gentleman. 



176 BRITISH RECRUITMENT 

Patrick Conroy, sworn. Examined by Mr. Van Dyke. 

Q. You have been examined before in this case? 

A. Yes, sir, before the commissioner. 

Q. 8tate to ths court and jury what you know in this matter, and 
what you have heard from either of these defendants. Hertz or 
Perkins ? 

A. I never saw Hertz but at the United States commissioner's 
office ; 1 had the conversation about this matter with Mr. Perkins. 

Q. State when you had that conversation, and what it was ? 

A. Well, I was introduced to Mr. Perkins at the Pennsylvanian 
office. Is it necessary for me to state all of this matter ? 

Mr. Van Dyke. If it relates to the issue now on trial, state all. 

Witness. I was introduced to Mr. Perkins at the Pennsylvaninn 
office, some time last December — I suppose in that neighborliood ; and 
a few days afterwards I had a conversation with him at Mr. McGeoy's 
Hotel, in Walnut street, in which he said there were things he might 
wish to talk to me about ; I did not understand it at the time, and not 
knowing what he meant, I did not say anything. The next time I met 
him was at the Pennsylvanian office again ; he. was about leaving it 
in the evening, and was cursing and ready to kill all about the office, 
damning everybody in the office ; I asked him what was the matter, 
and he took me by the arm, and we walked down a little ; he said 
that he had just been writing a letter to one of the lords in England, 
who had charge of the government there ; that he had everything 
right with the Pennsylvanian newspaper here, so^far as siding with 
the government against Eussia was concerned ; and the first thing 
he saw that morning was an article directly against what he 
had written to England, and that the Pennsylvanian had deceived 
him. I passed it off carelessly, as I did not care what was going on 
between him and the Pennsylvanian or the British government. 1 met 
him again some time afterwards in the Exchange Hotel, and he called 
me to one side, and told me that it was necessary to raise a certain 
amount of men in this country for the purpose of raising a legion to 
go to the Crimea. I asked him how it was, and he said that sucli was 
the case. I asked him if there was any danger in enlisting men in 
this country for that purpose, for I had heard that there was, and he 
said no — that he had been down to Washington, and fixed all that. 
He said that Mr. Crampton sent for him, and when he went to Cramp- 
ton he sent him to Marcy ; and when Marcy asked him all about it, 
he said he humbugged him about it, and told him that he was only 
going to send the men to Halifax to dig a canal ; that Mr. Marcy, in 
reply^ remarked that he was a pretty cunning fellow, and then it all 
passed over ; it was all fixed, and there was no more danger at all 
about it ; he then said to me that if I would choose to take a part in 
the matter, he could guaranty me a commission in the legion for a 
certain number of men, and for a less number he could guaranty a 
non-commission ; that if I would take an interest in the matter he 
would fix things for me, but that it would take two or three months 
to do so ; that I knew there were a great many men over the country 
who were suffering from bad times, and who could be enlisted, and 
that he would make it to my interest to do so. I told him I would 



IN THE UNITED STATES. 177 

think about it. The next time I saw him he was going directly from 
his office in Third street ; from the steps of his office he went down 
to Campbell 's cellar in Third street. He was there a minute or more, 
and then he came up and came over to me opposite the Exchange 
Hotel ; he took me by the arm and pulled me to one side and asked 
mc if I had done anything in that matter yet ; I said no, I did not 
intend to do anything in the matter myself, but there were friends 
that might ; he then said to me that he could not guaranty a commis- 
sion in the regular army, but he could in the foreign legion, and if I 
had friends who would take such positions he would guaranty them 
the same ; and if I saw any who wanted to enlist, to send them over to 
the office, 68 South Third street ; I said I would do so, and he then 
remarked, I am now in a hurry; lam going down to the British con- 
sul's ; I have news from Washington, and I will see you when I 
come back. I had no more conversation with him on the subject, 
except that he told me he was an agent of the British government, 
and had three or four hundred men to look after in this country, and 
pay them. He told me that, on the occasion when he had to see me in 
a hurry ; he repeatedly told me that he was an agent of the British 
government, and solicited my assistance in all these ways for the pur- 
pose of raising men for the foreign legion. 

Q. Did he tell you where the enlisting was done? 

A. He did ; he pointed over to the office. No. G§ South Third 
street. 

Q. Where was he at the time? 

A. Standing on the steps of Durar's Exchange Hotel. 

Q. How long before the arrest of Hertz? 

A. Some two or three weeks. 

Q. Are you in the volunteer corps ? 

A. Yes, sir ; I hold the commission of colonel. 

Q. Did he ask you anything about the commission you had? 

A. Yes, sir ; he asked me what commission I held, and I told him 
colonel of the second regiment ot Pennsylvania volunteers ; and he 
said he could guaranty me a captaincy if I would go ; and he knew 
from my position here that I could be of use to them, and he would 
make it of use to me. I have now stated pretty near the whole sub- 
stance of the conversations. We had a great many other conversa- 
tions, but there was nothing stronger in them. 

Q. Did he tell you at any time, or do you know, that he actually 
engaged any person to go to Halifax for the purpose of enlisting ; and, 
if so, what person ? 

A. I do not, sir ; I know he tried to engage me. 

Q. Did he not engage you? 

A. No, sir ; I refused him, and he tried to get me to solicit others 
to do so. 

Question by Mr. Gillou. He said that you could be useful to him 
in that line ot business ? 

A. Yes, sir. 

Q. You are in business in this city ? 

A. Yes, sir. 

Ex. Doc. 35 12 



178 BRITISH RECRUITMENT 

, Edward W. Foiver sworn. Examined Ly Mr. Van Dyke. 

Q. Are you a military man ? 

A. I belong to a military company, and hold a commission. 

Q. Do you know anything about Hertz ? 

A. I do ; I was at his office in South Third street about the 20th 
or 21st of March, or thereabouts ; I went to 68 South Third street, 
and went up stairs into a back room, and there I found some five or 
six men sitting around the table ; I spoke first to this gentleman bere, 
I think, Mr. Leob ; I asked him whether that was the place in which 
they enlist men for the Crimea ; he said that this gentleman (i)ointing 
to Mr. Hertz) was the person. I then turned to him and asked him 
what were the inducements ofi"ered to those men who had served in 
Mexico during the war. He said that any man who could come Avith 
a company, and be capable of commanding tliem, would be entitled to a 
commission in the English army ; that this legion Avas for the pur- 
pose of going to the Crimea. He asked me if t was connected with 
anything here. I told him that I was ; that I then held a commis- 
sion ; and he asked me then what number of men there were. Well, 
I said, we numbered from fiO to 64^ but there were not more than 30 
equipped. He then seemed anxious that I should call again. I left 
him with the promise tliat I would call again ; I did so, in company 
with Peter Somers, who was formerly first lieutenant of the Conti- 
nental Gruards ; I went there and introduced Mr. Somers under a fic- 
titious name ; I did that for the purpose of ascertaining how they sent 
the men away^ so as to have him ascertain that fact. We had a con- 
versation, for the second time, with Mr. Hertz, and Somers laughed, 
and I thought the joke was being carried too far, and I kind of smiled, 
and then I saw the whole thing was settled, and we retired. On the 
2*7th_, the night before the arrest, a man by the name of RenuerSj 
I think, came to the armorv while I was drilling the company. 

Q. Was Mr. Hertz there? 

A. No, sir. 

Q. Do you know whether Perkins had anything to do with that of- 
fice? 

A. Yes, sir ; the second time that I went there ; that was on the 
Saturday Mr. Perkins was sitting in the front room. 

Q. When you land at the top of the staircase going up, you go into 
the back room of that office first, do you not? 

A. Yes, sir^ and that makes the front room the back room ; there 
were two folding-doors between the two rooms, and they were jjaitly 
open ; the room fronting on Third street was used as the back or pri- 
vate office, and the back room as the front office. There was a tall 
man there, from whose appearance and manner I supposed was an 
English officer, or one engaged in the English service. Perkins was 
sitting on a chair leaning back, and as he saw me he drew his head back. 

Q. Do you know from any conversation you had with I'erkms, or 
are you aware that Perkins has ever engaged any individual to go to 
Halifax to enlist ? 

A. Well, I would not, may it please the court, like to answer that 
question, because it would, to certain extent, criminate nic, so tar as 
the law of the State is concerned. 



IN THE UNITED STATES. 179 

Mr. Van Dyke. I did not ask you anything regarding yourself with 
Perkins. • ^ 

Q. Do you know whether he has engaged, hired, or retained, or 
made a hargain with any other individual ? 

A. I know that he left me one evening to go to New York for the 
purpose of attending to some business for Mr. Crampton, 

Q. You do not exactly comprehend my question. Do you know 
whether he ever said to any individual, " I want you to go," or did 
he engage any individual to go to Halifax .'' 

A. No, sir. 

Q. Do you know what he was doing in the front office when you 
saw him there ? 

A. No, sir. 

Q. What was your conversation at that time? 

A. Mr. Hertz and I were speaking together about this company. 
' Q. Was that the only time you saw him there? 

A. I saw him afterwards come out. I went there with a number 
of persons, who waited on the outside to hear what was to be said, as 
they were determined that the tiling should be broken up ; and as we 
stood on the other side, Mr. Perkins came out and went down into 
Campbell's cellar, and then he came out and over to the other side, 
and spoke to Conroyand some others with him. My introduction to 
Perkins was that he came with a note to me as the second of a gentle- 
man who had challenged a friend of mine to fight a duel. 

Q. He told you he was going to New York to see Crampton ? 

A, Yes, sir, he said he had business with him; he told me that 
in Brown's drug store. 

Q. Did he tell you what business ? 

A. No, sir ; he told me that he had a great deal of business to do 
ROW ; that he was connected with the railroad, and had to see his 
friend Mr. Crampton in New York. 

Hugh Casey, sworn. Examined by Mr. Van Dyke. 
. Q. Do you know Mr. Hertz? 

A. Yes, sir. 

Q. (Pointing to Hertz.) Is that the gentleman? 
, A. That is the gentleman. 

Q. Do you know Mr. Budd ? 

A. Yes, sir, (pointing to Budd,) that's him. 

Q. Did you go to the office. No. 68 South Third street? 

A. Yes, sir, I went there, and Mr. Hertz and I had a conversation. 
I saw in the Ledger that they were enlisting for the foreign legion 
there, and I went down and saw Mr. Hertz, and he told me to come 
back and he would give me a ticket ; I went there on Friday, and he 
gave mo a ticket to sail on board the boat with, and twelve-aud-a- 
half cents, and told me tliat the boat would sail on Sunday, the 25th ; 
I went back on Saturday with three other men who enlisted with me, 
and he gave me a quarter of a dollar. On Saturday afternoon, I went 
back again, and he gave me nine cents ; and on Sunday I v/ent down 
to the boat, and she had sailed. I went to the office on Monday, and 
Mr. Hertz was not there, but Mr. Budd was there, and he told me to 



180 BRITISH EECRUITMENT 

come bcack on Wednesday, and he would give me a ticket. On 
Wednesday I went down. 

Q. What did you do witli the ticket you got on tlie first occa- 
sion ? 

A. I gave that ticket up. I guess you have it now. On Wednes- 
day I went down there, and met Budd at the steamhoat with Hertz, 
Mr. Hertz saw me and told me i.o go on board. I went on board the 
steamboat, and there I saw the rest of the men had tickets in their 
hands, and I had none ; and then I went up to the office, thinking 
that Hertz was there, to get a ticket, and when I came back the boat 
had sailed. 

Q. Did Hertz give you the first ticket ? 

A. No, sir, Mr. J3udd gave me the ticket himself for Sunday ; I do 
not recollect getting it on Saturday ; the 31st of March I saw Mr. 
Hertz. 

Q. When you got back from the office you say the boat had sailed ? 

A. Yes, sir ; I went up to the office in Third street, and when I 
came back the boat had sailed ; it was the " Menemon Sanford ;" I 
then came back, and I saw Mr. Hertz on Saturday in Mr. Heazlitt's (I 
think that is his name) office ; he was looking for bail, and I went 
over to him, and Hertz said to me : " Who is going your bail ?" and 
I said, " I do not want any bail, because I came out of the boat to get 
a passenger ticket, and did not go ;" and he then said : " Do you want 
a little money ?" and told me to stop around by-and-bye, and he 
would give me some money ; I went around at 4 o'clock. Mr. Remak 
and he went up to Seventh and Chestnut streets, and I waited in the 
room until he came back, when he gave me twenty-five cents, and 
said to me : " You will go and swear against me, and be damned to 
you." 

Q. Did you tell him what you wanted to go to Halifax for? 

A. I said times were very hard, and I would like to go to Halifax 
for the purpose of enlisting in the foreign legion for the Crimea ; and 
then he said that he would give me tickets to go there, and that I 
would get |30 bounty, and |8 a month, but that he could give me no 
money until I went on to Halifax. 

Cross-examined by Mr. Remak : Did you not tell some people that 
you were going to see Mr. Van Dyke, and get him to send you to 
prison for the purpose of your support ? 

A. I did not, sir, use that expression ; I told a person that I met 
on the street that I was fooled by the party, and that Mr. Hertz in- 
sulted me, and I would go as state's evidence against him. 

Philqj Label sworn. As this witness could not speak the English 
language, Mr. Davis was, at the request of Mr. Remak, affirmed as 
his interpreter. 

Examined by Mr. Van Dyke. 

Q. Do you know Mr. Hertz ? 

A. Yes, sir, (pointing to Hertz,) that is the gentleman sitting 
there. 

Q. State all you know about the enlisting? 

A. I read in tlie Democrat that some jiorsons were rcn[uircd to go 
to Halil'ax ; and 1 went tu the uliice, No. GS South Third street, and 



IN THE UNITED STATES. 181 

made some inquiries there if that was the place for enlisting ; I 
made the inquiries of Mr. Bosschart ; I then inquired if they en- 
gaged some people there ; they told me that they desired to engage 
some persons to go to Halifax, in order to work there ; I then asked 
him if I could become a soldier if I went there ; he made the reply 
that it was left optional to me to do so or not ; that those who are 
willing to become soldiers may do so, and those who wish to work 
may do so too. 

Q. Did you say whether you were willing to become a soldier, and 
that you wanted to become sucli ? 

A. No, sir, I did not intend to go there as a soldier ; I made the 
inquiry, if after a person got there he enlisted, what he received ; I 
was then told there was $30 bounty and $8 a month. 

Q. Who told you that? 

A. The same man, Mr. Bosschart. 

Q. What conversation, if any, took place between you and Hertz ? 

A. The first day that I came there I saw this gentleman tliere ; I 
then inquired what time the vessel would go ; he told me that he did 
not know — that Mr. Hertz was not in, and he could not tell me ; I 
went there again on the following day and saw Mr. Hertz, and he 
handed me a card. 

Q. (Ticket shown, same as on page 114, ante.) Was it a card like 
that? 

A. Yes, sir. 

Q. Did you sign any paper ? 

A. No, sir, I did not ; that gentleman put my name down on some 
paper ; Mr. Bosschart did so. 

Q. Did you go to the vessel ? 

A. Yes, sir. Mr. Hertz told me where the vessel was, and I went 
towards it, that is all ; I went on board, and tliat is all. 

Q. Did you go to Halifax? 

A. No, sir. 

Q. Why not? 

A. Because we were arrested before then. 

Q. Who had command of vou on tlic boat ? 

A. Mr. Budd. 

James Johnson, sworn. Examined by Mr. Van Dyke. 

Witness. Matthew Burk is my proper name ; you will see it so on 
Mr. Hertz's list. 

Q. How came you to get the name of James Johnson ? 

A. I did not wish my name to be ])ublished in the papers, so that 
my friends would know it ; I gave my proper name to the couit at the 
time. 

Q. Why did you not want your real name known? 

A. I did not want my friends to know that I was made a prisoner. 

Q. Did you not give that name under oath ? 

A. No, sir, I did not ; I told the commissioner and the grand jury, 
and you, my proper name, and the circumstances of it. 

Q. Do you know Mr. Hertz ? 

A. Yes, sir. 



182 BRITISH RECRUITMENT 

Q. When did you see him? 

A. I saw him on the 27tli of March. * 

Q. Did you see him before that? 

A. No, sir. 

Q. Were you on the boat? 

A, Yes, sir — in the steamer Menemon Sanford, on the river Dela- 
ware. 

Q. Had you seen Mr. Hertz before that? 

A. I saw liira tlie day before, at 68 South Third street. We were 
taken on a Wednesday. 

Q. How came you to go to his office? 

A. I called first on Monday. I saw the advertisement in the 
Ledger of men wanting. I did not read it myself, but another man 
read it for me, and I went to see. Mr. Budd was there. I told him 
I had called from seeing the advertisement of soldiers Avanted, and I 
said that I wanted to enlist. Mr. Budd told me that I could not be 
enlisted there, but that he could tell me how I could get to Halifax, 
and said that I supposed that would do to get to Halil'ax. He then 
told me I must come once again. I called again that afternoon, which 
was Monday afternoon, and he told me that a boat had gone before, 
and it was a pity I had not been sooner. I called again on Tuesday, 
and Mr, Hertz was there. I told Hertz my business — that I had come 
to enlist; and the reply he made I cannot tell now, but it was " very 
well," or something to that effect. He told me to stay a while, and 
I staid a while, and some more men came. I told him my name, and 
he wrote it down on a sheet of paper. He also wrote some others. I 
told him, when he was going to write it, that another man had writ- 
ten it the day before, and he said, "Very well, I will take it again." 

Q. (Paper shown.) Is that the paper on which your name was writ- 
ten? 

A. That is my name on it, though I cannot say whether it is the 
paper on which Mr. Budd wrote my name the first day. I called on 
Hertz the day after. He did not tell me what bounty 1 would receive ; 
I did not inquire. He gave a ticket, and I was to go down to. the 
boat. 

Q. (The " N. S. E. C." ticket shown.) Was it a ticket like that? 

A. I actually believe it was one of those green tickets. I think so, 
but would not swear positively that it was a green ticket, though I 
actually do believe it was one. I recollect its having those letters 
("N. S. li. C") on it. 

Q. What did he tell you to do with the ticket? 

A. He told me I was to go down and go on board at Pine Street 
wharf. I then went away, and called back again to the office, and I 
asked him " was I to go on board and say nothing to no one, or was 
there to be anybody there to receive me?" He told me to go down 
between nine and ten, and go straight on board, and to tell the rest, 
if I saw them, to go on at the same time. I went next morning and 
did so, and went on board the boat, and was taken about to the navy 
yard, when they brought us back again. 

Q. What took place when you got on board the boat? 

A. I saw Mr. Budd on board the boat, and we were called together, 



IN THE UNITED STATES. 183 

and an exchange of tickets took place. We were going on, and, I 
thought, in a fair way for Canada ; and the next news that I heard 
was that we were all made prisoners. 

Q. Did Mr. Biidd call you together? 

A. Yes, sir ; he was there, acting as a kind of officer, or man in 
authority. He did not put us in military form, but called us to- 
gether. 

Cross-examination by Mr. Reraak : 

Q. How much money have you received from the United States as 
witness fees? 

Mr. Van Dyke objected. You need not answer that question. 

Mr. Remak. I only wanted the jury to know. You need not mind. 

Peter 3Iuhi sworn. Examined by Mr. Van Dyke. 

Q. Do you know Mr. Hertz? 

A. Yes, sir, I have known him since the 26th of March. I first 
saw him in the office. No. 68 South Third street. 

Q. How came you to go there? 

A. There was a man told me that there was an office to send men 
to Halifax to work. I was out of work, and went there. That was 
on Monday afternoon, and I found nobody there but Mr. Budd and 
that young man there, Mr. Bosschart. He told me to come next day, 
when Mr. Hertz would be home, and then I could know all about it. 
I went there next day, and he said yes, he sent men to Halifax, to 
work. 

Q. What kind of work? 

A. Any work that you pleased ; and if I did not like it there, I 
could get a free ticket back here again ; and that if I wanted to go in 
the army, I would get |30 bounty and $8 a month. He told me to 
come in again about 2 o'clock, and he would tell me all about it. I 
went in about 2 o'clock, and he said that Budd was going off next 
day at 10 o'clock, and he gave me a ticket. 

Q. What colored ticket "was it — red, yellow, blue, or green? 

A. I do not recollect ; one of the green, I guess. (Ticket shown.) 
That is like it; Pine Street Avharf was on the back of it. 

Q. You went to Pine Street wharf? 

A. Yes, sir, and I went on the boat. 

Q. Whom did you meet there? 

A. I met Mr. Budd; he was there, and he took command of us, 

Q. Did you ever see Hertz down there? 

A. No, sir. 

Q. You were arrested that day, were you not? 

A. Yes, sir. 

John Jenkins, sworn. Examined by Mr. Van Dyke. 

Q. You are deputy marshal? 

A. Yes, sir. 

Q. Will you state whether you had a warrant, in the latter end ot 
March, for the arrest of certain parties, and whom ? 

A. The marshal had a warrant for the arrest of Hertz and others, 
and I accompanied him. 



184 BRITISH RECRUITMENT 

Q. State what you did tlien? 

A. The marshal directed me to go on board the steamer Sanford, 
and arrest the party tliat were there. I arrested Mr. Budd, together 
with some twelve or fifteen men, whose names I do not remember. 
The marshal himself afterwards went to the office of Mr. Hertz, and 
there arrested Mr. Hertz, Mr. Bosschart, and two others — four in all, 
I think. 

Q. Mr. Hertz was among them? 

A. Yes, sir. 

Q. You arrested these men ? 

A. Yes, sir. 

Q. (" N. S. K. C." tickets shown.) Do you know these tickts? 

A. Each of the men liad tickets similar to those upon their person. 
I took them from them. 

Q. (N. Y. steamer ticket shown.) Do you recollect that? 

A. I do not recollect that. 

Q, (Book of Dr., containing cash-account, shown.) Do you re- 
member that book ? 

A. No, sir, I do not. 

Q. (Book containing list of names shown.) Do you remember that 
book ? 

A. Yes, sir, I remember that book. I found it in the secretary, 
which Mr. Hertz called his private secretary, in the enlisting office. 
He gave me the key, and I opened it. 

Q. (Receipt shown.) Did you find that there? 

A. Yes, sir. 

The receipt was read in evidence, as follows : 

" Philadelphia, March 25, 1855. 

'■'Eeceived of Mr. Hertz |84 for passengers to Haliftix. 

"A. WINSOR." 

Q. Did you find this receipt of the Ledger for advertising one and 
two-thirds squares half a month, $9 50, dated March 16, 1855, at the 
office, No. 63 South Third street ? 

A. Yes, sir, it was in the secretary ; I recollect it. 

Q. Did you find the receipt of the Pennsijlvnnian there? 

A. Yes, sir ; (this receipt will be found on page 144 ante.) 

Question by Mr. Remak. Is Mr. Hertz's name in that receipt? 

Mr. Van Dyke. No, sir, it is not. 

Q. (" N. S. R. C." ticket shown.) Did you find any number of these 
tickets there ? 

A. Yes, sir, they were similar to these. 

Q. What did you do with them? 

A. I gave them to you. 

Q. Do you recollect whether you arrested Michael Gilroy as part of 
that company ? 

A. Yes, sir. 

Q. On the boat? 

A. Yes, sir. 

Q. Hugh Casey? 



IN THE UNITED STATES. 185 

Q. James Jolinson ? 

A. I do not remember tlie name. 

Q. Charles Weaver ? 

A. I do not remember tbe name. 

Q. Peter Mubn? 

A. I do not remember that. 

Q. Philip Label? 

A. No, sir. 

Q. Augustus Titus ? 

A. I remember that. 

Q. Bremen Kernsten? 

A. I do not remember that. 

Q. William Finley ? 

A. No, sir. 

Q. You remember Titus, you say? 

A. Yes, sir, I believe they all were the parties on the boat, but I 
do not remember the names at this time, nor did I hear the names at 
that time ; I remember Gilroy, Titus, and Casey. 

Q. (Paper shown.) Do you remember that paper ? 

A. Yes, sir, I got that in his office ; it was on the file. 

The paper was read in evidence, as follows : 

"Philadelphia, 26/'/^ of 3cZ month, 1856. 

" This is to certify, that Mr. Julinas Lyncksis in sound health and 
fit for any service. 

" BEIL, Z^odor." 

Q. (Papers shown witness.) Do you remember those ? 

A. Yes, sir, these were in the secretary. 

Mr. Van Dyke. The one is the paper which Mr. Budd stated con- 
tained the names of the persons he took, and the other appears to be 
a copy of the recruiting book. 

Examined by Mr. Piemak. Did Mr. Hertz, on the day of his arrest, 
give you the key of his office and the key of his desk of his own ac- 
cord, freely ? 

A. I demanded them. 

Q. Did he give tliem without any hesitation ? 

A. I demanded them through you, and after consultation with him 
you directed Hertz to give them to me. 

Q. Did he give them of his own accord, or did I ask him? 

A. I think that it was after you directed him to do it. I do not 
think I had any conversation with Mr. Hertz about the keys — it was 
with you. 

Q. I think, in your examination before the commissioner, you said 
that at the time Hertz gave you the keys, and I had no objections. 

Q. By Mr. Guillou. You mentioned that you arrested a number of 
persons on the boat, and you also said that you arrested at the office 
Hertz, and some otliers whom you did not mention. You did not ar- 
rest Mr. Perkins tliere ? 

A. No, sir, the nuxrshal arrested Perkins. He was not at Mr. 
Hertz's office, or upon the boat. I do not know where he was when 
he was arrested. 



186 BRITISH RECRUITMENT 

Edward G. Wehh, affirmed. Examined by Mr. Van Dyke. 

Q. Are you acquainted with Mr. Perkins ? 

A. I am. 

Q. Have you ever had any conversation witli lum, ])revious to the 
28th of March, in rehition to recruiting for the Britisli service? 

A. Yes, sir; I cannot s])eak as to the date, hut during the time the 
enlistment was going on in Third street, opposite Dock, I met Mr. 
Perkins in Dock street, I think at the corner of Third and Dock, and 
we wallvcd down as far as Walnut and Dock streets, and there 
stopped; a conversation arose between us as to the enlistment going 
on, or said to be going on, in one of those buildings on Third street; 
he stated, he was hiring men at $1 25 a day, and sending them to Can- 
ada or Nova Scotia, or some other place in the British provinces ; I 
asked him for what purpose — whether they were to go in the foreign 
legion to serve in the Crimea ; he said he employed them nominally 
for the purpose — I do not know whether I use liis language, but I 
give the itlea — of working upon a railroad ; I remarked to him that I 
thought they would find their way into the barracks, and he said he 
had no doubt of that, or he supposed so, or something of that sort. 

Q. Did he state to you at any time whether he was doing this at the 
suggestion or by the advice of any higher authorities than himself? 

A. He did ; he told me he had not been long from Washington, 
and that he had had an interview with Crampton, the British minis- 
ter, while there, in relation to this subject, and that he had been called 
to Washington in conseqaence of some disclosures made in Philadel- 
phia, or other places, about the matter ; I understood him to say that 
he or Crampton Avaited upon Mr. Marcy, or that Crampton told him 
that he had seen Mr. Marcy and had entered into an explanation about 
the course they had pursued in Pliiladelphia ; and that after he had 
explained, Mr. Marcy either clapped him upon the shoulder — Perkins 
or Crampton, I do not now distinctly recollect which — and said "You 
are a curming dog, you have not violated any law of this country." 

Q. Did he tell you what he was doing ? 

A. He said he had employed a large number of men ; he mentioned 
the number, but it has escaped my memory ; that he employed them 
at $1 25 a day, to go into tlie Britisli provinces, nominally to work 
ujion the railroad, but really to go into the army. 

Mr. Guillou. Did he say that ? 

A. That is not his precise language, but that is the idea ; it is im- 
possible for me to recollect his language. 

Q. Give the substance of it ? 

A. As near as I recollect, he said he had employed a large number 
of men, and had despatched, I think he said, 500 already, nominally 
to work upon the railroad in one of the provinces, but he expected 
that they would find their way to the barracks. I asked him whether 
he did not employ them for that purpose. Well, (he said,) he did 
not care a damn where they went after they got there ; that his pur- 
pose was to get them there, and then they might take care of them- 
selves. 

Q. Did he say that the British authorities would take care of them 
after they got there ? 



IN THE UNITED STATES. 187 

A. T cannot say, with accuracy, whether he did or not. He talked 
very fast ; lie was in a talking mood, and said a good deal ; I saw 
from his flushed face that he was in a talkative way. 

Q. Did he at any time try to get you to write editorials in your 
paper on this British question ? 

A. He did. He was in the hahit of coming into the Pennsylvanian 
office nightly and daily, long before I knew who he was. Alter he 
had been coming there several weeks, he ventured into the editorial 
department, and conversed with the telegraphic reporter, Mr. John- 
son ; he entered into conversation nightly with me upon the subject 
of the war in the Crimea, and contended that the democratic party 
ought to take ground in favor of the allies ; that, in i'act, the United 
States, as a general thing, should do so, because she was the daughter 
of Great Britain ; our people spoke the same language, and were edu- 
cated in the same literature, and so on ; he frequently grew warm 
upon the subject, and I listened to him ; and re})eatedly, while he was 
talking upon that subject, I was writing an article against the allies, 
and combatting his argument as he was progressing. 

Q. Which is Mr. Perkins? 

A. I know him very well — I have seen him almost every day ; but 
I do not see him now in the room. 

Mr. Guillou. There is no difficulty about that. 

Witness. He always said that he was an agent of the British gov- 
ernment, and that he was in correspondence with Lord Palmerston, 
and I think Lord Clarendon. He gave me to understand that he was 
a tory, and that the tory party 'n England was the only party that 
knew anything, [laughter ;] that they were always able to carry on 
the government properly ; and that the whig party was comj)osed of 
dunces, [laughter,] who always got into difficulties, and were the 
bitter enemies of this country. He said that he was a correspondent 
to several newspapers, and mentioned particularly the Times ; and 
stated that he had, with every mail, sent a file of the Pennsylvanian 
to Europe, to the Times. He also spoke of Lord Brougham, and said 
that he was in correspondence with him. 

Q. Did he say the correspondence was on this subject ? 

A. No, sir, I do not think he did. 

Q. Did he mention the subject ? 

A. He was talking about this subject at the time he said this. He 
complained about the tone of the articles in the Pennsylvanian, and 
showed a good deal of feeling. He said that he had written to his 
employers in Europe, and had assured them that the democratic press 
in this country was all right, which I believe did not happen to be the 
case, [laughter ;] and that they would think it very strange that he 
should give them such information when they found the tenor of the 
articles against the allies so ultra, and so strongly in favor of Russia. 

Judge Kane. Did he classify Brougham among the whigs or the 
tories ? 

Witness. I do not remember whether he classified him or not ; he 
said he corresponded with him. 

Mr. Guillou. May it please your honor, he was like the man in 
the play ; " he received letters from Constantinople." [Laughter.] 



188 BRITISH RECRUnMENT 

Q. Did he speak of this as confidential? 

Witness. Yes, sir, lie did, and remarked on several occasions that 
what he told me was contained in some letters which he had just re- 
ceived, hnt could not show the letters to me. [Laughter.] 

Judge Kane. Was there any relation ])etween you and him which 
would have suggested tlie propriety of his telling you this? 

A. No, sir ; he is excessively talkative, but is a man of large inform- 
ation, obtained by travel, and is a man of education. He spoke of 
his being lieutenant in the British army in India, and was promoted 
to a cai)taincy by the brevet ; that he had been there, and was in Hin- 
doostan, and in that terrible fight in the mountains of Affghanistan 
where tlie British army was literally destroyed. He also spoke of his 
wounds, but never showed them. [Laughter.] He also spoke of his 
having been directed to superintend the embarkation of troops to some 
part of Africa or Hindoostan. 

_ Question by Mr. Van Dyke. You are the editor of the Pennsylva- 
nian ? 

A. I am. 

Q. And that is what induced this conversation with you? 

A. Yes, sir. 

Q. You were at the time editor ? 

A. Yes, sir. 

Judge Kane. And your press was at the time unfriendly to his 
projects ? 

A. It has been during tlie year and a lialf that I have been editor, 
and was so, I tliink, before. I did not like the threatening remarks 
towards the United States of some of the gentlemen high in power in 
England and France, and I thought we had better take care of our- 
selves, and put our house in order ; and, therefore, I wanted the allies 
soundly drubbed. 

Question by Mr. Van Dyke. I believe you have stated, in substance, 
everything ? 

A. As tiir as I recollect. 

Q. Did heat any time say he engaged or retained any person to go 
to Halifax with the intention of being enlisted after he got there? 

A. Well, he spoke in general terms, and left the impression upon 
my mind that he had employed those men for that i)uri)ose, and had 
some understanding with them that, after they got there, they were 
to go into the barracks. He may have mentioned them by name, but 
I have no recollection of it ; he left the impression upon my mind that 
they were employed for that purpose. 

Q. Have you stated fully the conversation which he repeated to you 
as having had witli Ci'ampton ujion that subject ? 

A. I cannot recollect it ; he talked a good deal upon that subject, 
and endeavored to impress me with the idea that he was a very great 
man, and knew the secrets of the British cabinet. 

Q. You were never at this recruiting office. No. 68 S. Third street ? 

A. I passed by it daily, and saw something was going on ; but did 
not know what. I saw several persons going in and out, and saw him 
repeatedly come out, which led me to suspect that he was a party in 
the matter. 



IN THE UNITED STATES. 189 

Cross-examined by Mr. Gilloii : 

Q. I do not think you understand a question of the judge. He 
asked you whether the opinion expressed in the Pennsylvanian was 
adverse to the project of the defendant, and, as I understand you, 
you answered that it was adverse to the war in Europe ? 

A. It has been against this project of enlisting, and it has been very 
severe. It was the first that denounced it and exposed it. 

Q. State whether Perkins is not a man who talks a great deal? 

A. Yes, sir, he talks incessantly. He is a man of large informa- 
tion, obtained by travel, and is a man of education, but not much 
judgment. 

Q. His temper rises pretty high sometimes ? 

A. Very. 

Q. Mr. Conroy mentions an instance when he left your office — curs- 
ing all in the office ? 

A. He was frequently excited about the subject, and I would then 
draw him out to the length of his tether. 

Q. And you were writing articles, firing away at the allies, and 
loading your guns with the ammunition he furnished you ? 

Mr. Van Dyke. May it please the court — having, as I think, 
proved a clear prima facie case against one of the defendants, (Hertz,) 
and submitted all the testimony I have to offer against the other, (Per- 
kins) — I deem it unnecessary to extend the examination of the wit- 
nesses relative to Mr. Hertz ; I therefore close for the j)i-esent the case 
of the government. 

[The court then took a recess for half an hour.] 

The district attorney having closed his case, the counsel for the de- 
fence said they had no testimony to offer. 

Mr, Guillou, for Mr. Perkins, asked the court to instruct the jury 
to return a verdict of not guilty as to Emanuel C. Perkins, there being 
no evidence to hold him. 

Mr. Van Dyke. Is it the intention to make a witness of the de- 
fendant ? 

Mr. Guillou. No. 

Mr. Van Dyke. This application is entirely within the discretion 
of the court^ and I presume miglit be granted, if the ends of substan- 
tial justice were to be served by so doing ; but, as Mr. Perkins is not 
to be put upon the stand, nothing is gained to either of the defend- 
ants by separate verdicts. I am free to admit that, under the former 
ruling of the court, I have not made out such a clear case against the 
defendant Perkins as I should have liked, but I prefer the going 
jointly to the jury as they now stand. The result, no doubt, will be 
the same to Mr. Guillou's client. 

Mr. Guillou. Under the remarks of the district attorney, I with- 
di'aw my application. 

Mr. Van Dyke, in summing up for the United States, said : He did 
not deem it necessary further to examine the witnesses who could be 
produced ; that he was satisfied the testimony which had already been 
submitted was conclusive in favor of the government on all the ques- 
tions which had been submitted to the jury. He had but very few 
suggestions to make at thu pvcs.ent time, and such he should address 



190 BRITISH RECRUITMENT 

to the jury more tlirougli the medium of the court tlian directly to 
themselvoe, because it was liis belief that under the charge which the 
court wouhl give of the hiw bearing U])on tiie case the jury would 
have no difficulty in finding the defendant Hertz guilty, in tlie man- 
ner and form as charged in each and every of the bills of indictment 
laid before them. 

The act of Congress, may it ])lease the court, provides, (I recite it 
from memory, and the court will correct me if I am wrong :) First. 
That if any person shall, Avithin the territory or jurisdiction of the 
United States, enter himself in the service of any foreign prince, &c. 
This is one distinct and separate misdemeanor created by the act. 

Second. If any person shall hire or retain any other person to enlist 
or enter himself in the service of any foreign prince, &c. This is 
another, and the second distinct misdemeanor created by this act. 

Tliird. If any person shall hire or retain any other person t(^ go be- 
yond the limits or jurisdicti(m of the United States with the intent to 
enlist or enter himself in the service of any foreign j)rince, state, 
colony, district, or people, as a soldier — not as a soldier on board any 
vessel or letter of marque, as has been contended, but as a soldier ac- 
cording to the general common acceptance of the term — or as a mari- 
ner on board any vessel or letter of marque, &c. 

Now, these three are distinct and separate offences. The first is 
that of a person enlisting or entering into the service of any foreign 
prince, state^ colony, district, &c. In relation to this he said the de- 
fendant is not in any manner charged in the indictment, and, there- 
fore, it is unnecessary to embarrass the court and jury in taking into 
consideration any facts which relate to an intent on the i)art of the 
defendant to enter and enlist himself. Neither has the defendant, 
nor any other person, been charged with having absolutely enlisted 
■within the territory or jurisdiction of the United States ; nor is the 
defendant, or any one else, charged with having gone beyond the 
limits or jurisdiction of the United States with the intent to enlist. 

What, then, is the charge? What the only issue upon which I 
ask this court to charge the jury, that the government has made a 
clear case? It is: first, that the defendant hired and retained some 
persons to enlist within the limits or jurisdiction of the United States. 
This crime is charged in two ways in the first two counts in the in- 
dictment ; and, secondly, that the defendant has within the jurisdic- 
tion of the United States hired and retained certain persons to go be- 
yond the limits and jurisdiction of the United States with the intent 
to enlist when they arrived beyond such limits and jurisdiction. This 
crime is charged in various forms in the four remaining counts of the 
indictment. 

It is no offence under the statute, in Mulin or Budd, or any one 
else, to be hired ; so that those recruits wdio have voluntarily come 
upon the stand and confessed their })articipation in this lawless trans- 
action have confessed no crime. If A hires B to go beyond the 
limits of the United States with the intent mentioned in the act, B 
having agreed with A witliin the limits of the United States to depart 
"with the intent to enlist^ the crime or offence is not committed by B, 
because he merely engaged with A to go, but the offence is committed 



IN THE UNITED STATES. 191 

alone by A, who hired him : for, so far as the going beyond the limits 
of the tlnited States with the intent to enlist is mentioned in the act, 
the offence consists in hiring or engaging the person to go, and not in 
being hired or engaged to go. And the conrt is asked so to charge 
the jury. Then, as to the intent, what is meant thereby? and who 
must have such intent? On this point the court is asked to charge 
the jury, that the intent mentioned in the act is the motive in the 
mind of the person hired, and has no reference to the design of the 
person hiring, except that the person hiring believed, or had reason 
to suppose, the person hired really intended to enlist when he should 
arrive beyond the limits of the United States, and that he hired him 
for such purpose. That if the jury, from all the testimony, are satis- 
fied that Hertz, at the time he engaged Muhn, Budd, Weaver, or any 
other person mentioned in any of these bills of indictment, to go be- 
yond the limits of the United States, and furnished him the facilities 
to depart, had the intention to enlist in the British military service, 
then that point of the act which speaks of the intent is sufficiently 
established. 

Believing that the learned court will give the jury in charge the law 
as he has stated it, Mr. Y. called the attention of the jury to the prin- 
cipal features of the evidence in the case. He contended that he had 
established every point made in his opening remarks. 

First. He had shown by incontrovertible testimony, that the neces- 
sities of the British government, resulting from the disastrous condi- 
tion of their army in the Crimea, and the unpopularity of the cause 
of the allies at home, compelled them to hazard the enlistment of 
soldiers within the limits of foreign neutral nations. 

Second. That in the accomplishment of this design, the English au- 
thorities at home, and their representatives on this continent, had, 
in gross violation of the laws of the United States, concocted and par- 
tially matured a plan for procuring, within our territorial limits, 
sufficient men to supply the forlorn hopes of an unpopular war, and 
regain the lost jirestige of a waning administration. 

In support of these points, Mr. V. adverted to, and commented 
upon, the testimony of Captain MaxF. 0. Strobel, Colonel Burgthal, 
Colonel Rumberg, Dr. Reuss, Mr. Bucknell, and Mr. Budd. The truth 
of their representations had not been questioned, and the jury are 
bound, under their oaths, to regard their evidence as conclusive. 

Third. That Henry Hertz, the defendant, was an agent of the 
English government in the accomi)lishment of this general plan and 
design. "That he had been employed for that purpose by Mr. Cranip- 
ton, her Britannic Majesty's envoy extraordinary — the highest British 
functionary known in this country — as also by Sir Joseph Howe, the 
general agent, specially sent to America for this purpose; and by Sir 
Gaspard le Marchant, the governor of a neighboring British province. 

Fourth. That in pursuance of such employment, this plan^ was 
regularly carried out ])y the defendant. That he did, in the city of 
Philadelphia, engage at least two hundred men to go beyond the limits 
of the United States, with the intent to become a part and i)arcel of 
the British foreign legion. That in order the more effectually to ac- 
complish this design, he opened, under the auspices of his English 



192 BRITISH RECRUITMENT 

employers, a recruiting office, and advertized in the public papers, 
and posted through the streets placards bearing the Queen's arms, 
inviting men to his office. That the persons calling, in answer to 
such proclamations, were sent by the defendant to Halifax, who, when 
there, were attested, and mustered into the military service of the 
British government. 

Fifth. That Mr. Hertz, at the time he was thus engaged in hiring 
and sending men beyond the limits of the United States, well knew 
that it was the intention of the persons thus hired and sent, to enlist 
in the service of lier Majesty tlie Queen of Great Britain. 

Mr. V. argued that the affirmative of each of these propositions was 
fully sustained by the testimony produced by the government, and 
called the attention'of the jury to that portion of the evidence which 
severally related to them. He said the character of the witnesses was 
unimpeached, and that their testimony had been abundantly corrobo- 
rated by the written evidence which he had been enabled to produce ; 
that there could be no difficulty in finding a verdict of guilty as to the 
defendant Hertz. That if the jury believed both defendants guilty, 
they should so find. If, on the contrary, tliey did not think a case 
had been made out against Perkins, they should acquit him and find a 
verdict of guilty against Hertz ; they could separate their verdict. 

As to Mr. Perkins, Mr. V. said that he did not intend to press for a 
conviction where the evidence does not in the clearest manner justify 
him in so doing ; that however much he might himself be convinced 
of a defendant's guilt, it was his duty to ijvove him so, and that be- 
yond reasonable doubt. From the intimation of the learned court 
when this case was before it on writ of habeas corpus, he presumed his 
honor would require the government, under the present form of indict- 
ment for a statutory offence, to prove an actual hiring or retaining of 
some one of the individuals mentioned in the bills. Should such be 
held to be the law under this statute, he was compelled in candor to 
say to the jury that he had himself, under the testimony, a doubt as 
to Perkins having been proved guilty. He regretted such was the 
case; but having brought all the evidence he could to bear against him, 
he left him in the hands of the jury , without any eKpression of his pri- 
vate opinion as to that defendant's guilt. 

Mr. V. closed his remarks by a severe commentary upon the base- 
ness and perfidy of the persons engaged as the chief actors in this 
flagrant attempt to violate and evade the laws and treaty obligations 
of the United States, and expressed the hope that the result of this 
case would vindicate the action of the government in their determina- 
tion to maintain our national integrity with every nation of the globe, 
whether it is or is not in accordance with sinister purposes of Great 
Britain. By forcing this indictment thus against this defendant, the 
President of the United States has struck as near the throne of her 
Majesty as he is enabled to do in the shape of a criminal prosecution. 
The extended privileges and peculiar protection given to a foreign 
minister prevents, so far as he is concerned, the application of the 
criminal code of the country, although such foreign minister may be 
proved guilty of acts which, if committed by a private individual, would 
make him a felon. 



IN THE UNITED STATES. 193 

"Were it not so, I think I am justified in saying I would this day, 
by the direction of the President, be trying Mr. Crampton, Sir Joseph 
Howe, and Sir Gaspard le Marchant, instead of their humble instru- 
ment, whose conviction is now asked at your hands. The jury, how- 
ever, will leave these gentlemen to the only power legally authorized 
to take care of our public safety, by demanding reparation from their 
government; and you, gentlemen, may rest assured that in due time 
they will be called upon by our able and faithful officers at Washing- 
ton to make proper atonement for the gross insult which they have 
offered to our laws and our people. 

If, on the contrary, after I have in this trial, instituted by the di- 
rection and with the cordial approbation of the national administra- 
tion, proved the defendant so clearly guilty as the instrument and 
agent of Mr. Crampton and his confederates, you should, on account 
of any sympathy which may be thrown into the jury-box, acquit him, 
your verdict will be the strongest argument which will hereafter be 
used to protect her Majesty's agents in their impudent intermeddling 
with the affairs of this continent. Confident, however, that you are 
men devoted to the institutions and political policy of your own 
country, and, as such, are ever ready fearlessly to defend them, I 
leave in your hands the honor of the government, and the rights of 
all those who seek shelter beneath its broad protecting regis. Weaken 
not that power of protection by your verdict — stain not that honor by 
one moment's hesitation in your approval of the determination on the 
part of the government to preserve every feature of our constitutional 
vigor, as well from the jealous designs of foreign powers, as from the 
fanatical treason of domestic foes. 

Mr. Van Dyke having concluded, he was followed by Mr. Stephen 
S. Kemak, who made a powerful appeal to the jury in behalf of the 
defendant Hertz. He spoke for two hours and a half, giving a full 
history of the case, reviewing the testimony which had been submitted, 
and dwelling with great power and eloquence upon the law bearing 
on the subject. It would have afforded us great pleasure to be able to 
present his speech in full, as taken by our reporter, but want of space 
forbids. 

3Ir. Cuyler. May it please the court, gentlemen of the jury : You 
are weary, gentlemen, and long to be released, I shall detain you but 
a few minutes by the remarks it is my duty to make to you in this 
case. 

The facts of the case have been elaborately analysed and discussed 
by my colleague, and I deem it unnecessary to pursue the path in 
which he has preceded me — in reviewing and digesting the testimony 
you have listened to so patiently in this case. The duty which has 
fallen to my share, may it please your honor, is chiefly that of invi- 
ting your attention to the view entertained by the detence of the true 
construction of the act of Congress under which this indictment is 
framed — trusting, if you shall agree with us in that construction, that 
the jurv will not find in the evidence in this case that a violation of 
the wholesome provisions of this act of Congress has taken place. 

You cannot have failed to notice, gentlemen of the jury, in the pro- 
gress of this case, that the names of those high in authority and offi- 
Ex. Doc. 35 13 



194 BRITISH RECRUITMENT 

cial rank have appeared, and often aj^peared, to be mingled in the 
transactions from which these indictments have sprung. Mr. BarcLay, 
the consul at New York, Mr. Mathew, the consul at Philadelphia, 
Mr. Crampton, the British minister at Washington, have all of them 
appeared as prominent and earnest actors in the scenes which have 
heen detailed in the evidence before you. Among the humblest of all 
who have been named, is this poor and unfortunate man — a stranger 
in a strange land, forlorn, friendless, and deserted, for whose convic- 
tion the zeal and learning of the district attorney, and the power of 
the government, have been so earnestly and sternly pressed upon you. 
And here, pausing for an instant, let me pay my tribute of respect to 
the learned district attorney, for the candor and liberality with which 
he has conducted the case, and for the more than usual fullness, per- 
fection, and ability with which he has prepared and managed this 
prosecution. The power of the government, so ably exerted and di- 
rected by him in this prosecution, is in strange contrast with the pre- 
jDaration this poor and friendless man has been able to make for his 
defence. 

I cannot suppose, gentlemen of the jury — I will not suppose — you 
will not, I trust, suppose for an instant, that these high functionaries 
of a foreign but friendly state, dwelling within our borders, have 
consciously either evaded or violated the provisions of any of the laws 
of the land. You will not believe that these gentlemen of standing, 
character, and intelligence have deliberately planned an infraction of 
the laws of the country, and then left this humble instrument of their 
designs unfriended to bear the severe penalty of a law broken under 
their advice and in the execution of their requests. 

You will the rather, gentlemen, believe with me, that, conscious of 
their own integrity, and with the law in full view before them, and 
with experience and capacity to construe the law aright, they so or- 
dered their own course, and so directed their subordinate agencies, 
that no violation of the law should anywhere take jilace. This, gen- 
tlemen, I trust, you are now about to find. In a word, I shall submit 
to you that no offence is proven within the construction of the act 
which I shall ask the learned judge to give you. 

May it please your honor, the offence with which this man is charged 
is unknown to the common law. The right of any man to expatriate 
himself cannot under our law be questioned, except so far as the stat- 
ute may have forbidden it to be done under certain ^^articular circum- 
stances, or with a certain intent which the statute forbids and pun- 
ishes. Such a statute is the subject of strict construction. If the 
facts are not within its fair spirit and construction, the offence is not 
made out, and it is your duty to acquit. Now what is the oifence 
created by the statute, in derogation of that which otherwise would 
not be unlawful or in any way punishable? The second section of the 
act of Congress of April 20, 1818, under which the indictment is 
pressed, provides that if any person shall, within the territory or ju- 
risdiction of the United States, enlist, or enter himself, or liire or re- 
tain another person to enlist, or enter himself, or to go beyond the 
limits or jurisdiction of the United States with intent to be enlisted 
or entered in the service of any foreign prince, state, colony, district, 



IN THE UNITED STATES. 195 

or people, as a soldier, &c., "every person so oiFending shall be 
deemed guilty of a high misdemeanor," &c. 

The oifence does not consist of course in a person hiring or enlist- 
ing, and there is nothing of that kind in the case ; but it consists 
either in hiring or retaining other persons to enlist, or hiring or re- 
taining other persons to go beyond the limits of the United States 
with intent to enlist. The offence, then, is "the hiring or retaining." 
Now that means something more than mere j^ersuasion. It does not 
mean that the mere exercise of an influence which operates upon the 
reason of a person and induces him to go, creates the offence. It 
must be a "hiring or retaining," or, in other words, it must be the 
creation of a legal obligation, or of that which, irrespectiA^e of the 
provisions of this act of Congress, would amount to a contract or legal 
obligation, and be capable of enforcement as otlier legal contracts are. 

I submit, then, to your honor, this, as the true construction of this 
act, and I ask you so to instruct the jury. 

Kow, gentlemen, upon the whole testimony in the case ; has the 
evidence raised in your minds a conviction, free from all doubt, that 
there existed between Mr. Hertz and any of the several parties named 
in these indictments, a valid, legal, binding contract "of hiring or 
retaining" them to enlist, or to go beyond the limits of the United 
States with intent to enlist ? If it has not. it is your duty to acquit. 
Can you upon your oaths, on this testimony, say to me there has been 
such a conviction established in your minds? 

Turn with me for a moment to the testimony. I shall not weary 
you with its details ; but tell me, witness after witness was examined 
before you, and did they not almost with a unanimous voice tell you 
that they were not enlisted in the service of any foreign prince or 
state, nor placed under any obligation to enlist, but simply were to 
be transported to Halifax, and they were in the exercise of a perfectly 
free and independent judgment, either to enlist in the service of the 
Queen, or to decline to do so, as they might in tlieir mere discretion 
see fit to do ? It is true there have been several witnesses upon the 
stand whose testimony might receive a different construction ; but re- 
member, gentlemen, the disadvantages under which these witnesses 
labored. They were foreigners — Germans — who spoke our language 
imperfectly, incapable of expressing as you or I would do those nicer 
shades of meaning which are needful to convey a true and precise 
impression of the facts. You will not say to me that such testimony, 
and so little of it, will bear down in your minds the full strong cur- 
rent of other testimony ; some of it written, and precisely embodying 
the exact plan and intention; much of it oral, but clear and exact, 
and perfectly consistent with that which was written, and all show- 
ing, beyond question, that no man was "hired or retained " in this 
country for any purpose whatever, but that they were simply per- 
suaded to go to^ Halifax, and, when there, were in the perfectly free 
e?:ercise of their judgments, in their mere discretion, to determine 
either to enlist or to refuse to enlist, as they might then choose. 

I can feel no doubt, gentlemen of the jury, that you will find this 
to be the weight of the testimony. If you do, I ask you to acquit. 
If you do, you will find that there did not exist between Hertz and 



196 BRITISH RECRUITMENT 

these parties a contract such as, irrespective of this act of Congress, 
wonld he valid, legal, and capahle of heing enforced; and so finding, 
as there was no " hiring or retaining" within the meaning of the 
act, you will acquit. 

Gentlemen of the jury : I represent a very humhle man — a poor, 
desolate stranger. If the law has heen violated — which, in view of the 
construction I have just given you, it plainly has not — there are others 
upon whom, with more justice, its penalties should he visited. Let 
us shield this man, whose highest ofience, if offence he has committed, 
is ignorance of the law : and let those wiser men of higher rank bear 
the i)enalty. This question should be settled elsewhere, not here. If 
our laws have been outraged^ the government of Great Britain has 
done it. Let that matter be settled at Washington^ and not in an 
account between the government and this obscure and humble man. 
But, gentlemen, I will not detain you any longer. You will not, I 
am sure, find in the facts of the case that the law has been broken 
anywhere, or by any man. You will not find that mere persuasion 
is the creation of a legal contract, or that a man who is left free to 
the unpledged exercise of his own mere discretion has been "hired 
or retained," within the meaning of this act. And so thinkiDg and 
so finding, you will rejoice to restore this unfortunate man to his 
friends and his home, and to the wife and the children who wait for 
and long to welcome him there. 

3Ir. Gillou said : May it please the court, gentlemen of the jury : If 
you will bear with me at this late hour of the day for five minutes, I 
will close my duties within that time. It is the boast of us all that 
we live in a land of laws. It is our safety that the law^ is adminis- 
tered by two tribunals — the one explaining the law, and the other 
applying it to the facts in evidence. The indictments upon which 
you are to pass — some twelve or thirteen in all — charge the defendant 
Perkins, together with Hertz, with having enlisted specified indi- 
viduals, A, B, C. The crime with which he stands indicted, is the 
enlistment of persons to serve in a foreign country, I have turned 
my attention carefully to the testimony in this case, because, when 
counsel makes an assertion to a jury on a point of fact, it is his duty 
to ascertain that he is right in his statement ; and I say, after exam- 
ining this testimony, that there is not any portion of it which shows 
any connexion of Perkins with Gilroy, Budd, Casey, or any other 
j)erson whose name is in any one of these bills as a party sent away 
or enlisted. If I am right in this statement of the testimony, there 
is an end of this indictment ; for the law requires that the party 
charged be shown by the evidence to have acted in relation to the 
particular crime which is averred in the particular bill, and in rela- 
tion to the particular party, the subject of the crime. You will, 
therefore, when you take up a bill, remember this, and ask your- 
selves whether Perkins had anything to do with the hiring or enlist- 
ing of the man whose name is mentioned in it. If there is no evidence 
to show that he had, you will return a verdict of not guilty as to 
Perkins ; and as you take up each bill, so examine and declare upon 
it. As to the other defendant, I have not a word to say ; my friends 



IN THE UNITED STATES. 197 

on the other side have fully gone into the case, and given you the law 
and the facts bearing upon it. 

There is this principle which rests at the basis of law, that the 
crime must be proved to have been perpetrated. Therefore, so far as 
the defendant Perkins is concerned, consider him not connected in 
this case with the other defendant, but on trial alone; and then ask 
yourselves the question, Did Mr. Perkins do anything at all to enlist 
or get off Gilroy, or any other person? You will'tind that the bur- 
den of the testimony bears directly against such a conclusion, and 
shows that he had nothing to do with it. I think, therefore, that 
you will be able to arrive at your verdict readily, and without diffi- 
culty. It would be a task of the most painful character if his honor, 
after hearing the evidence in this case, were to proceed to pass sen- 
tence on this defendant, however indiscreet in speech he may have 
been, as you can but entertain a great doubt of his guilt. The law 
says, that if you have a reasonable doubt of the guilt of the person 
charged — such a doubt as would arise in any reasonable mind — such 
doubt is the safeguard of the defendant, and entitles him to an ac- 
quittal. I hope you will have no difficulty in this case, but tliat at 
least you entertain a doubt which favors tlie defendant, and will re- 
lieve his honor from passing sentence. I ask you to find a verdict of 
not guilty as to the defendant Perkins. 

Mr. Van Dyke, in reply, said he would follow, with pleasure, the 
example of his learned friends on the opposite side, and briefly 
briiig this protracted trial to a close. He desired to confine himself 
strictly to a reply to the positions taken by the counsel for the de- 
fendants. 

The act of the 20th of April is one of easy and simple construction. 
The learned gentleman (Mr. Remak) who first addressed the court in 
behalf of the defendants, is wrong in supposing that there have been 
no judicial decisions which shed liglit upon the act of Congress. In 
1832, Jolin D. Quincy was indicted, under the third section of this 
act, for fitting out and arming a vessel, with the intent that such ves- 
sel shall be employed in the service of a foreign prince. The case 
went up to the Supreme Court of the United States, and is to be 
found in 6 Peters 's Reports. It will be observed, upon examination of 
that case, the law in reference to our neutrality is somewhat different 
from the general criminal law of the country. The argument there 
made by Mr. AVilliams for the United States was, that these acts of 
Congress sliould be construed according to the meaning and intention 
of Congress, and, in support of this argument, he cited that part of 
Judge Marshall's opinion on the penal laws of the United States, as 
reported in the case of the United States vs. Wiltberger, 5 Wheaton, 
95, " that, although penal laws are to be construed strictly, they are 
not to be so construed as to defeat the obvious intention of the legis- 
lature." This argument was answered in an al)le manner by Mr. 
Wirt; but. Justice Thompson delivering the opinion of the court, 
said, 'it was sufficient to establish, by this testimony, the committal 
of the crime, according to the plain meaning of the words used in 
defining the offence." 

The Avhole policy of our neutrality laws requires a liberal construe 



198 BRITISH RECRUITMENT 

tion of the statute, if, indeed, it is to be effective in preserving our 
neutrality between foreign belligerents. 

It is also contended by another counsel of Mr. Hertz, (Mr. Cuyler,) 
that there must have been an absolute contract and consideration 
paid. This position is not the law, as I understand it. The retain- 
ing, whether by coaxing or otherwise, was sufficient. The engaging, 
which is the meaning of the word retaining, Avhether by means of 
present pay or the'promise of future compensation, is sufficient. 

But here there was an absolute contract. This is a question of 
fact for the jury ; and if they so find, any difficulty on the question 
raised by the eloquent counsel is avoided. The conditions of the 
contract were verbal, and its execution was consummated by the signa- 
tures of tlie parties to the roll-book, each one signing tliat book, 
clearly understanding wliat he was to do, and what he would receive 
for it. That contract stands, for all legal purposes, in the same posi- 
tion as though it had been entirely in writing; and were it not from 
its very nature and general character void ab initio, could be en- 
forced in any court of common law, and the bounty or pay mentioned 
for the services could be recovered from any private contracting par- 
ties. Debts and damages are daily recovered upon agreements much 
more carelessly made. The terms of the contract were, on the one 
side, that Peter Muhn and William Budd, and a score of others en- 
gaged, should go to Halifax for the purpose of enlisting; and, on the 
other hand, certain remuneration was to be paid them by the de- 
fendant's principal, for the performance of their part of the agree- 
ment. 

The pay was to be received, it is true, after they arrived at Halifax ; 
part of that pay was the privilege of being received into the Queen's 
service. They were, also, to receive a free ticket and passage to their 
destination. This contract was considered so binding, that one of 
the witnesses tells us that force would be used at the barracks to 
compel the enlistment when there, and even the poor jirivilege of 
repentance was not allowed to the indiscreet and hasty. They were, 
also, to receive a monthly pay. Now, if this is not an absolute 
hiring of a party to enlist, then nothing is, and the act of Congress is 
a dead letter, and should be repealed. 

3Ir. Cuyler. What was it a contract to do? 

31r. Van Dyhe. A contract, sir, to go beyond the limits of the 
United States with the intent to enlist in the British service. And, 
if any doubt existed on the question of intent, such doubt is removed 
by the indisputable fact that the men actually did enlist, and are, in 
all probability, at this moment in the Crimea. 

It is admitted that the parties who make this contract must be in- 
dicted in the district where the contract is made — in the place where 
the parties are engaged. In a case which has recently been tried be- 
fore the United States district court for the Massachusetts district, 
the case of United States vs. Lewis Kazinski, reported in 8 Monthly 
Law Eeporter, p. 254, the prosecution failed, substantially, because 
the hiring took place in New York, and the trial was had in Boston: 
the court ruling that the expression of intent made in New York 
could not be given in evidence, and confined the prosecution to ex- 



IN THE UNITED STATES. 199 

pressions of intent made in the district where the crime was charged 
to have been committed ; and the recruits on board the vessel upon 
which they were arrested having expressed a difierent intent from 
that expressed at the time of hiring in New York, the cause failed, 
among other reasons, for the want of the proof of the intent re- 
quired by the act. Exempli gratia : to make the case more intelli- 
gible, suppose the party which left Philadelphia on the 25th of March, 
in the charge of Captain Strobel, had, after their arrival within the 
limits of the southern district of New York, expressed their intent to 
be to go to Halifax to work on the railroad ; and Mr. Strobel, who 
had, in fact, assisted to engage the men in Philadelphia, had been 
arrested, and, under the second section of the act of 1818, indicted in 
the southern district, where he happened to be found in charge with 
the recruits, and the able prosecuting officer for that district should 
offer to prove the expressions used by the recruits in Philadelphia as 
to their intent when arriving in Halifax ; the court would hold him 
to the proof of expressions of intent made in the southern district of 
New York, where the offence of hiring and engaging is charged to 
have been committed ; and particularly so when the fact is brought 
to the knowledge of the court, that the evidence as to the intent ex- 
pressed in the two places differ most materially and substantially. 
Now, this was the case of the United States vs. Kazinski, and for this 
want of sufficient proof of the intent, in the district where the trial 
took place, the defendants were acquitted. 

But this case is important for other reasons. It settles two of the 
fundamental questions which must arise in every prosecution under 
the second section of this act of Congress. 

Firnt. The meaning of the term hiriiuj or retaining, which is to be 
construed in its every day acceptation, and is virtually nothing 
more than " engaging""— the word used by the learned judge. 

Secondly. That the hiring must be within the district where the 
crime is charged to have been committed; and I have shown that such 
hiring, so far as it could be consummated anywhere, was actually 
done here. 

A single word in reply to the remark of Mr. Cuyler, as to the 
propriety of prosecuting this defendant, while persons of more im- 
portance are permitted to pass unpunislied. I agree with my learned 
friend that it is rather unfair, in one sense, that Mr. Hertz, the mere 
humble instrument of a great nation, should suffer for the acts of his 
superiors. But Mr. Hertz was a free agent, and acted voluntarily m 
the whole affair. He sought for and obtained the position under Mr. 
Crampton and Mr. Howe, which enabled him to violate our law ; and 
he has no right to complain if he suffers the penalty of his own wilful 
misconduct ; and it is the duty of the jury, if they believe him guilty, 
so to find him. You will also recollect, gentlemen, that the prosecu- 
tion of this defendant was the only means by which the Executive of 
the United States could be best informed of the impropriety of the 
conduct of those representatives of the British government who have 
been accredited as fit and honorable men, claiming peculiar privileges 
near our government. I have no doubt that this trial has turnished 
such information, and that such steps will be adopted as are sane- 



200 BRITISH RECRUITMENT 

tioned by international law. But with that you have nothing to do 
here. Your only duty is to impartially inquire into the conduct of 
Mr. Hertz and Mr. Perkins, and to render a fair verdict under the 
evidence. With tliat verdict, whatever it may he, I shall have no 
complaint to make. 

Mr. Van Dyke having concluded, Hon. John K. Kane charged the 
jury as follows: 

I intended, gentlemen of the jury^ when we separated, to avail my- 
self of the leisure afforded me to put my charge in writing; but I have 
been prevented by controlling circumstances from doing so, and my 
remarks to you, therefore, will be less closely connected, perhaps, 
though I trust they will not be on that account less intelligible and 
clear. 

The case has involved^ in its progress, a train of facts of very con- 
siderable political interest — perhaps of more general interest in that 
aspect of it, than in its bearing on the questions which are to be 
decided by your verdict. There are very few among us, probably 
none, who have not felt aggrieved at the tone with which the press of 
foreign countries, and occasionally of foreign statesmen of the day, 
have commented upon what they have been pleased to call over-olacrity 
of the American people to engage in military controversies in which 
they properly had no rightful part. Our people and our government 
have been accused of forgetting the obligations of neutrality, and 
pushing ourselves forward into the conflicts of foreign nations, instead 
of minding our own business as neutrals, and leaving belligerents to 
fight out their own quarrels. For one, I confess that I felt surprised, 
as this case advanced, to learn tliat during the very time that these 
accusations were fulminated against the American people by the press 
of England there was, on the part of eminent British functionaries 
here, a series of arrangements in progress, carefully digested, and com- 
bining all sorts of peo])le, under almost all sorts of influences, to evade 
the laws of the United States by wliich our country sought to enforce 
its neutrality; arrangements matured, U])on a careful inspection of 
the different sections of our statutes, ingeniously to violate their spirit 
and principle without incurring their penalty, and thus enlist and 
send away soldiers from our neutral shores to fight the battles of 
those who were incontinently and not over-courteously admonishing 
us to fulfil the duties of neutrality. 

I allude to these circumstances, and this train of thought, gentle- 
men, not because it is one that should influence your action as jurors, 
but because I feel it my duty to guard you against its influence. The 
question which you have to decide is, not whether there has been an 
effort on the part of any foreign functionary to evade the provisions 
of our acts of Congress, but whether these two defendants have or 
have not violated tlie ])rovisions of the act of Congress, which are cited 
in these bills of indictment; your verdict will respond to the simple 
question, are these two men guilty of the crime with which they are 
charged ? 

In order that my remarks may not hereafter be embarrassed by the 
necessity of using the plural wlien the singular is more appropriate, I 
will say to you, at the outset, that there is no evidence against one of 



IN THE UNITED STATES. 201 

these defendants. Before a jury can properly convict an individual of 
a crime, they must he satisfied, hy clear evidence, that the crime has 
heen committed by some one. We have no statute which aftects to 
punish braggart garrulity; and, unless the particular offence of enlist- 
ing certain definite persons has been committed by Perkins, one of the 
defendants, though he may have proclaimed upon the house-tops that 
he has recruited armies innumerable, no jury can properly convict 
him of the oftence he professes to have engaged in. 

I pass to the consideration of the case of the defendant Hertz. He 
stands indicted, sometimes jointly with another, sometimes alone, with 
the offence of having hired and retained certain persons to go out of 
the United States for the purpose of enlisting and entering tlieraselves 
as soldiers in the service of a foreign prince, state, or territory. 

The act of Congress is in these words — I read the words material 
to the question, leaving out those which apply to a different state of 
circumstances: 

"If any person sliall^ within the territory of the United States, 
hire or retain any person to go beyond the limits of the United States, 
with the intent to be enlisted in the service of a foreign prince, he 
shall be deemed guilty of a high misdemeanor." 

The question which you have to pass upon is. Did Henry Hertz 
hire or retain any of the persons named in these bills of indictment 
to go beyond the limits of the United States, with the intent to be 
enlisted or entered in the service of a foreign state? 

Did he hire or retain a person? Whatever he did was within the 
territory of the United States. 

The hiring or retaining does not necessarily include the payment of 
money on the part of him who hires or retains another. He may 
hire or retain a person, with an agreement that he shall pay wages 
when tlie services shall have been performed. The hiring or retaining 
a servant is not generally by the payment of money in the first in- 
stance, but by the promise to pay money when the services shall 
have been performed ; and so a person may be hired or retained to go 
beyond the limits of the United States, with a certain intent, though 
he is only to receive his j)ay after he has gone beyond the limits of 
the United States with that intent. 

Moreover, it is not necessary that the consideration of the hiring 
shall be money. To give to a person a railroad ticket that cost four 
dollars^, and board and lodge him for a week, is as good a considera- 
tion for the contract of hiring, as to pay him the money with which 
he could buy the railroad ticket and pay for his board himself. If 
there be an engagement on the one side to do the particular thing, to 
go beyond the limits of the United States with the intent to enlist, 
and on the other side an engagement, that when the act shall have 
been done, a consideration shall be paid to the party performing the 
services or doing the work, the hiring and retaining are complete. 

The meaning of the law, then, is this: that if any person shall 
engage, hire, retain, or employ another person to go outside of the 
United States to do that which he could not do if he remained in the 
United States, viz: to take part in a foreign quarrel; if he hires 
another to go, knowing; that it is his intent to enlist when he arrives 



202 BRITISH RECRUITMENT 

out; if he engages him to go because he has such an intent, then the 
offence is complete within the section. Every resident of tlie United 
States has the right to go to Halifax, and there to enlist in any army 
that he pleases ; but it is not lawful for a person to engage another 
here to go to Halifax for that purpose. It is the hiring of the person 
to go beyond the United States, that person having the intention to 
enlist when he arrives out, and that intention known to the party 
hiring him, and that intention being a portion of the consideration, 
because of which he hires him, that defines the offence. 

I believe that after making this comment upon the law, I might 
pass on to the facts ; but it occurs to me to add, that you are not to 
require proof of the connexion of the defendant with each particular 
fact and circumstance which has been given in evidence to show the 
working out of the general plan. 

If you believe the witnesses, the object here was to effectuate an en- 
listment beyond the borders of the United States, and yet escape from 
the provisions of this section ; to do effectively, and yet not seem to do. 
If you are satisfied — no matter what was the avowed object of the 
party, no matter what the pretext, if you are satisfied that Henry 
Hertz was here engaged in hiring and retaining men to go off to 
Nova Scotia, there to enlist, that being their intention, and he be- 
lieving that it was so, and therefore hiring them ; then, no matter 
what was the costume or mask which the transaction wore, he has 
committed the offence charged in the bill of indictment. 

As to the evidence, gentlemen, you have listened to it very care- 
fully, and it has been commented upon abundantly. I do not know 
that it is my duty to detain you by a single remark on it. It is all 
on one side. Whether it establishes the fact is for you to judge. The 
enlistment necessarily includes the action of different parties ; the con- 
cert between them is to be inferred from their acts. The intention of 
the party engaged or retained to enlist, is to be gathered from his 
conduct and declaration here, from his conduct after he reaches the 
foreign country, and from the action of third persons with whom he 
perfects the enlistment that he may have contracted for here. You 
are, therefore, while looking primarily at the conduct of Hertz, to look 
also at the actions of others tending to the same objects ; and if you 
judge that they were actually in concert with him, then all their 
acts, done in pursuance of the common purpose and plan, are to be 
regarded as his. With these remarks I leave the case in your hands. 

At the conclusion of the judge's charge, the jury retired, and re- 
turned in about fifteen minutes. On taking their seats, the clerk of 
the court, in the usual form, put the question : "Gentlemen of the 
jury, have you concluded upon your verdict ? " To which the fore- 
man replied, " We have." 

Clerk. How say you, guilty or not guilty ? 

Foreman. Guilty as to Henry Hertz, in manner and f )rm as he 
stands indicted on all the bills of indictment ; as respects Emanuel C. 
Perkins, not guilty. 

The jury w^ere then discharged. Sentence deferred for the present. 

And now, September 29th, 1855, Theodore Cuyler, esq., and 



IN THE UNITED STATES. 203 

Stephen Eemak, esq., for Mr. Hertz^ move for a rule for a new trial, 
and, by leave of court, file the following reasons : 

United States ) j^ ^^^^ district court of the United States, sur in- 

T-r ^TT t dictment for unlawful enlistino;, &c. 

Henry Hertz. ) '=" 

1. That the learned judge erred in admitting in evidence proof of 
the acts and declarations of other persons done and said in the ab- 
sence of defendant. 

2. The learned judge erred in his construction of the language and 
meaning of the act of Congress of 1818, under which these indictments 
are framed. That he held, and so instructed the jury, that the words 
^'hire or retain," employed in said act, Avould be satisfied by less 
than an absolute contract, founded upon sufficient consideration, and 
capable of legal enforcement if the same were not made unlawful by 
the provisions of said act. 

3. The weight of the evidence was clearly and decidedly that no 
person was " hired or retained to enlist, or to leave the United States," 
with intent to enlist ; but the several persons sent to Halifax were en- 
gaged to go, and were sent there, with the distinct understanding that 
they were there to determine whether they would or would not en- 
list, and were, imdl then, entirely free and at liberty, bound by no 
contract or engagement, and therefore having no intent, &c., within 
the meaning of the act of Congress. 

4. The verdict was against the evidence ; and 

5. The verdict was against the law. 

THEODORE CUYLER. 
STEPHEN S. REMAK. 

And now, October 12th, 1855, the motion for a rule for new trial 
coming on before Honorable John K. Kane, is argued by Theodore 
Cuyler, esq., and Stephen S. Remak, esq., for the motion; and the 
same being denied, and new trial refused — 

Mr. Van Dyke said : The motion of the defendant for a new trial 
being refused, I ask leave to present to this court the confession which 
has iDcen made to me by the defendant, Henry Hertz. 

This prosecution has not been merely local in its tendencies, nor 
the influence of its results likely to be confined to the sphere of an 
ordinary prosecution in this district. Its results are of a far more 
extended importance. 

The disclosures made in the progress of this cause may be the 
ground-work of an important step on the part of the federal govern- 
ment in relation to those who have been instrumental in producing 
that system of interference with our afi'airs, which has formed the 
basis of this prosecution. I am permitted to say that the trial which 
has just resulted in the conviction of this defendant was authorized 
T)y the national Executive ; and before making the motion which I in- 
tend to submit to your honor, I beg leave to read the instructions 
which I have received in relation to this trial. 

Being aware that the system of enlistments had been effectually 
broken up by the prompt execution of the warrants which I had caused 



204 BRITISH RECRUITMENT 

to 1)0 issued for the arrest of various parties, and by the efficient aid 
■which Mr. Wynkoop, the marshal of this district, and liis officers, had 
otherwise furnished me in ferreting out the system adopted for the 
evasion of our laws, I luid su})posed there might not he any urgent 
necessity in pressing the prosecution of the defendants who have just 
been tried, and had written to the Attorney General of the United 
States, asking whether it was the desire of the administration further 
to press these prosecutions. To Avhich I received the answers dated 
September 12, 1855, and also the letter dated September 17, 1855 ; 
both of wliich I shall take the liberty of reading to the court. 
Mr. Van Dyke read the letters as follows: 

"Attorney General's Office, Sej^teinher 12, 1855. 

''Sir: In reply to your letter of the 10th instant, on the subject of 
the indictments pending against persons charged with recruiting for 
the military service of Great Britain, I have the honor to make the 
following observations: 

"Mr. McKeon has been advised of the desirableness of conferring 
with you personally, either by himself or his assistant, in regard to 
new evidence to which he may have access, and which can be useful 
to you. 

"I suggest the expediency of trying only a part of the cases now, 
especially if you fail to convict in some leading case. 

' ' But the most important consideration is this : 

"This government has, of course, addressed to that of Great Britain 
such demands of public redress and satisfaction in .the premises as the 
national honor requires. But the government of Great Britain, with 
extraordinary inattention to the grave aspect of its acts — namely, the 
flagrant violation of our sovereign rights involved in them — has sup- 
posed it a sufficient justification of what it has done, to reply that it 
gave instructions to its agents so to proceed as not to infringe our 
municipal laws ; and it quotes the remarks of Judge Kane in support 
of the idea that it has succeeded in this purpose. It may be so. 
Judge Kane is an upright and intelligent judge, and will pronounce 
the law as it is, without fear or flivor. But if the British government 
has, by ingenious contrivances, succeeded in sheltering its agents from 
conviction as malefactors, it has, in so doing, doubled the magnitude 
of the national wrong inflicted on the United States. 

" This government has done its duty of internal administration in 
prosecuting the individuals engaged in these acts. If they are acquit- 
ted, by reason of a deliberate undertaking of the British government^ 
not only to violate, as a nation, our sovereign rights as a nation, but 
also to evade our munici})al laws, and that undertaking shall be con- 
summated by its agents in the United States ; when all this shall 
have been judicially ascertained, the President will then have before 
him the elements of decision, as to what international action it be- 
comes the United States to adopt in so important a matter. 
" I am, very respectfully_, 

"C. GUSHING. 
"Jas. C. Van Dyke, Esq., 

" United States Atlorney, Philadelphia." 



IN THE UNITED STATES. 205 

"Attorney General's Office, 

''September 17, 1855. 

" Sir: I desire to make a further suggestion in regard to the trial 
of parties charged with recruiting soldiers in the United States for the 
service of the British government. 

"It is known that instructions on this subject were given by that 
o;overnment to its officers in the United States. We are tohl hy Lord 
Clarendon that those officers had ' stringent instructions' so to pro- 
ceed as not to violate the municipal law — that is, to violate its spirit, 
hut not its letter. If so, the instructions themselves violate the 
sovereign rights of the United States. 

"But, in the meantime, every consul of Great Britain in the United 
States is, by the avowal of his government, subject to the just sus- 
picion of breach of law; wdiile, apparently, he must either have dis- 
obeyed his own government, or, in obeying it, have abused his con- 
sular functions by the violation of his international duty to the United 
States. 

"In these circumstances, it is deemed highly necessary that the 
British consul at Philadelphia, or any other officer of the British 
government, shall not be suffered to interfere in the trials, as he 
attempted to do on a previous occasion ; that no letter of his be read, 
except in the due form of evidence ; and that, if he have any thing to 
say, he shall be put on the stand by the defence, in order that he may 
be fully cross-examined by the prosecution. 

" It is clear that he has no right, by any rule of public law or of 
international comity, to be heard in the case by the court, otherwise 
than as a witness, whether enforced or volunteer. 
"I have the honor to be, very respectfully, 

"C. GUSHING. 

" Jas. C. Van Dyke, Esq., 

" United States Attorney, Philadelphia.'' 

Your honor will perceive that the object in this prosecution has 
been as much to break up the general system which had been adopted 
by the British government to violate our municipal laws, as it was 
to punish. those who should be found guilty as the instruments of that 
government. 

If the present defendant, since his conviction, has contributed in any 
manner to aid the government in this investigation, and that aid has 
been the result of a sincere regret and repentance for his past conduct, 
it is, in my opinion, but just that he should have the benefft of his 
present conduct in the sentence which your honor may see fft to pro- 
nounce in his case. 

I therefore move that the defendant's confession be read, and that it 
be filed of record among the proceedings in the cause, to be duly con- 
sidered by the court in the judgment which may hereafter be pro- 
nounced against the defendant. 

Per curiam. Let the paper be read and filed of record. 



206 BRITISH RECRUITMENT 

. is as follows: 

In tlie district court of the United States, in and for 



The confession is as follows 

United States 
vs. 



TT Hert7 \ ^^^^ eastern district of Pennsylvania. 

United States, eastern district of Pennsylvania, ss. 

Be it remembered, that on this 11th day of October, A. D. 1855, 
before me, Charles F. Heazlitt, a commissioner of the United States, 
personally came Henry Hertz, who, being duly sworn, says: 

That some time in the month of January, 1855, 1 read intlie London 
Times a notice of the passage of a resolution of the British Parliament, 
authorizing the enlistment of a foreign legion. A day or two after- 
wards I went to the United States Hotel, where I heard three or four 
gentlemen speaking of this country as a place where enlistments could 
best be made. One gentleman by the name of Miller pointed at me, 
as the man best fit for enlisting men for the British service, because, 
as he said, I am so well known among the German and foreign popu- 
lation. One of the gentlemen sitting there arose and said to me, "I 
am an English ofticer ; I am not particularly engaged in this matter 
now, but I can tell you how to embark in it without running any risk, 
and I would be glad if you would engage in it ; but_, in order to ac- 
complish this, it is necessary for you to go to AVashington and see Mr. 
Crampton, the English ambassador." 

From what I learned afterwards, the name of the gentleman was 
Mr. Bruce ]\IcDonald. Two or three weeks afterwards I went to 
Washington, and was introduced by many gentlemen by letters to 
Mr. Crampton. I had obtained these letters without telling those 
gentlemen the object of my visit ; but, before delivering any of these 
letters of introduction, I addressed a note to Mr. Crampton, requesting 
an interview with him; that note did not state the object of the inter- 
view. The principal object of my visit to Mr. Crampton was to ascer- 
tain whether I could safely embark in this enterprise. I was stopping 
at Willard's Hotel, and in reply to my note, I received the note liere- 
to annexed, marked A. (C. F. H.) (This note has been published 
in Mr. Strobel's testimony, and will be found, cmfe, at page 145.) 
After the receijit of this note I called on Mr. Crampton, at his resi- 
dence; it was on Sunday morning when I called; I saw Mr. Cramp- 
ton; lie said, in substance: "Your letters of introduction assure me 
that I may have full confidence in you ; I have not sufficient authority 
yet from the home government with regard to the matter, but I ex- 
pect early authority from Lord Clarendon. I have already received 
a letter from Lord Clarendon, inquiring how many men might be en- 
listed in this country for British service, and what the United States 
government would think of such an attempt. I can tell you this ; 
that if you embark in this matter, you can make a great deal of money ; 
if procuring of men for the English service should be undertaken, it 
will be very advantageous to you ; but I expect a letter from Lord 
Clarendon by the next steamer, which may be expected in eight or 
ten days, giving me full explanations and instructions liow the matter 
is to be conducted." In tliis conversation he had reference to enlist- 
ments in this country for the Crimean war. He stated that he had 



IN THE UNITED STATES. 207 

answered Lord Clarendon's first letter, and tliat tlie letter lie expected 
was in reply to his answer. He did not state the contents of his an- 
swer to Lord Clarendon's letter. He then said, "I have nothing 
more to tell you to-day, hut when I receive Lord Clarendon's letter I 
will write to you." I returned to Philadelphia, and should have 
thought nothing more of the suhject, hut ahout the 5th of February, 
1855, I received a letter from Mr. Crampton, through the post office, 
which letter is hereto annexed, marked B. (C. F. H.) (The letter 
referred to is published ante, second letter on page 145.) I sent him a 
telegraphic despatch, that I was too much engaged to come to Wash- 
ington now, but that I would call upon him at Washington as soon 
as my time would permit it. 

I went some days afterwards (say three or four days) to Washing- 
ton, and saw Mr. Crampton at his private residence; he was indis- 
posed. I told him I had received his letter, and desired to know Avhat 
I had to do. Mr. Crampton replied, "I have received a letter from 
Lord Clarendon, which contains the statement that the British gov- 
ernment has made arrangements to establish depots at some places in 
Canada, on the frontier of the United Stales, in order to receive the 
men who may be procured in the United States. In pursuance of this 
information, I have sent my special messenger to the governor gen- 
eral of Canada, and to the commanding general of the troops in Canada, 
(whose name I believe is Boy,) requesting them to designate the 
places where depots may be established for the reception of persons 
who may be procured in the United States." I informed Mr. Cramp- 
ton that I had incurred expenses already by coming twice to Wash- 
ington, and that I would have to waste more time until the messenger 
returned, and that I would have to neglect my business ; I therefore 
requested him to refund to me the expenses already incurred by me. 
Mr. Crampton replied, "I have at present no money at my disposal^ 
and have no authority to give you any ; but I am certain you will be 
paid not only for your services, but that your expenses will be repaid 
to you." I asked Mr. Crampton what was to be done? How is the 
matter to be conducted ? He said, "As far as I know, there is a law 
in the United States forbidding the enlisting of soldiers within the 
territory of tlie United States ; it is, however, not difficult to evade 
this law, because who can prevent you from sending laborers to Canada; 
but we must take care to do this in such a way that it shall not appear 
in defiance of the government. My idea is, further, that if you have 
25 or 30 men together, either yourself or some other confidential 
person should take them direct by railroad to Montreal, where, I think, 
a depot may be erected . " I then asked him, ' ' When do you think this 
matter will commence?" Mr. Crampton said, "I cannot say pre- 
cisely yet, because my messenger will perhaps be prevented from re- 
turning to Washington very soon, as the roads are obstructed by ice 
and snow. It is possible that he will call on you at Philadelphia on 
his return from Canada, and will give you the necessary information. 
In the mean time, vou may call on our consul, Mr. Mathew, in Phila- 
delphia, and he (MV. M.) will probably be able to give you the neces- 
sary instruction." The conversation with regard to the procuring 
men was finished, but I reverted again to the law bearing upon the 



208 BRITISH RECRUITMENT 

subject. I asked liim, "How am I backed in case a cliarge is made 
against me? I have a wife and children." 

Mr. Crampton re})lied, "First, that the Law was exceedingly lax ; 
and, secondly, that if any thing should happen, the British govern- 
ment would not allow any one to suffer wdio had been engaged in 
assisting them in furnishing the men." I replied that " The popular 
voice is against this matter ;" but Mr. Crampton said, " Never mind 
about this popular voice ; if a house in Liverpool fails, the whole 
United States trembles." After Mr. Crampton had given me such 
assurances, and had used the expression, "I give you my word as a 
gentleman that nothing unpleasant shall happen to you," I then 
made up my mind to act for the British government. Before I left, 
Mr. Crampton assured me that he would send a man to my house in 
Philadelphia, who would make such arrangements with me as would 
enable me to procure men, and send them to their destination. I 
then returned to Philadelpliia, and waited ten days without hearing 
anything of the matter. I called then on Mr. Mathew, the British 
consul in this city. Mr. Mathew received me very politely, and in- 
formed me that he was just reading a letter from Mr. Crampton, in 
which my name is mentioned. He further said, "We (speaking of 
his government) are very anxious to procure men ; but, alas ! we have 
not received any instructions from Canada as to where the depots are 
to be erected ; however, Ave expect every day and every hour the re- 
turn of the messenger." About three, four, or five days after that, I 
visited Mr. Mathew again ; he then said to me, " I would advise you 
to go down to Washington again, for," said he, "although I do not 
know of any of the particulars of the case, yet I have no doubt Mr. 
Crampton does, and can give you all the information necessary." 
This was about the 15tli of February. I went to Washington again, 
and saw Mr. Crampton^ though he was indisposed. All that I could 
learn from him was, that in a week or two he would send a man to my 
house in Philadelphia ; this man, he said, he expected would be sent 
from the government in Canada to my house, with instructions and 
means for the recruiting of men in this country. In this conversation 
Mr. Crampton also stated to me that if I should get into any difficulty 
I should employ eminent counsel. He also said that, so far as he 
could ascertain, the government of the United States would not inter- 
fere in the matter. I must distinctly aver that, in particular, this last 
statement and representation on the part of Mr. Crampton gave me 
such full assurance that I did not, for one moment, tliink it possible 
that I could be charo;ed with a misdemeanor or crime. I thoug-ht 
that the matter had been privately arranged between the United 
States and the English government ; Mr. Crampton endeavored to, 
and did, leave that impression on my mind. I was led so to believe 
from what Mr. Crampton said to me. I returned to Philadelphia, 
and in about a week afterwards, on returning home from my office 
one day, my wife handed me a slip of paper, on which was written 
"Joseph Howe, Jones's Hotel, i)arlor No. 1." She stated that the 
gentleman whose name was on the paper called and spent with her 
two hours waiting for me. After dinner, on the same day, I called 
on Mr. Howe at his hotel, and saw him ; he asked my name, which I 



IN THE UNITED STATES. 209 

gave liim. He said he was extremely glad to see me, as liis time for 
staying in Philadelphia was very limited ; that he had to go to New 
York and Boston, where his agents expected to see him in a few days. 
I asked him what authority he had for engaging me to enlist men for 
the foreign legion? He answered, "I am authorized by the governor, 
Sir Gaspard le Marchant, of Nova Scotia, who, in accordance with in- 
structions from the English government, is the only man who had 
control of the enlisting service for the foreign legion, and the especial 
control over the depot in Halifax, established for the men procured in 
the United States." I told him, " This is all very well, hut I have not 
the pleasure of knowing the governor." He answered me, "Mr. Cramp- 
ton has given me your directions, and recommended you as a man in 
whom I can place full confidence." I answered him " that I would 
believe anything; but I should like to see some documents from Mr. 
Crampton." He said, "I am sorry that I cannot show you such at 
present, as the only document I have received from Mr. Crampton was 
an introduction to Mr. Mathew, and that letter I have already de- 
livered." I said, "I would be satisfied if Mr. Mathew would cor- 
roborate his statement, and then I would be willing to act on his 
23roposition." He asked me to see him again the next morning at 9 
o'clock. I called at 9 o'clock the next day, and met there Captain 
Eumberg, Lieutenant Van Essen, and another gentleman by the name 
of Link, a friend of Mr. Van Essen. Mr. Howe introduced me to 
those gentlemen, whom I knew before, but had never any conversation 
with them about the recruiting business. He (Mr. Howe) said, 
"Gentlemen, I suppose you know Mr. Hertz: he is the only confi- 
dential agent for the State of Pennsylvania to get men for the foreif^n 
legion." I said to him, " I have not got^so far yet, and stand upon 
my demand of yesterday;" referring to his statements being corrobora- 
ted. He said, "That is all right; that gentleman" (meaning Mr. 
Mathew) "knows you already." 

This interview was on the 13th March. He said, "I am glad to 
hear tliat Mr. Mathew has made all inquiry about your character, 
and feels fully satisfied." Mr. Howe then said to Mr. Kumberg 
that he would get a colonelship, and Van Essen a captaincy, and told 
me by all means to send off those men (Mr. Rumberg and Mr. Van 
Essen) with the first transport, in that capacity. I answered, 
that if I was satisfied I would do so. He bowed to these gentle- 
men, and begged to be excused, as he wished particularly to speak 
with me alone. They went away. Mr. Howe then said, "I have 
heard from Mr. Crampton that you are a man of limited means; 
and as means are necessary, he could furnish me with any amount." 
I told him I wanted £250 to £300 to start with. He answered, ' ' That 
is only a trifle. You need not he economical, as money was no object 
at all. I cannot give you more than $300 at present, as I have drafts 
on difterent places, which I will put in the hands of one man, and 
this man would get authority from me to furnish you with the means 
you want." "That it would be necessary to get men as quick as 
possible, and for this purpose I think it would be best to insert some 
advertisements in the German papers, and in the English papers that 
are most read by the Irish population, who are her Britannic Majesty's 
Ex. Doc. 35 14 



210 BRITISH RECRUITMENT 

subjects." I asked him wliat he meant to insert or advertise — if he 
thought it pro])crthatI shoukl call for volunteers. He said "that will 
not do, hut I will write you an advertisement which you may insert 
immediately, without running any risk." He wrote this paper (here- 
to annexed, marked C. C. F. H. This paper is the original procla- 
mation, published ante on page 144,) in my presence, and delivered it 
into my liands. He also wrote a contract for me to sign, in which I 
acknowledged myself to be a referee for the governor of Nova Scotia, 
and was willing to send men. I Avas to receive |8 for each man sent 
to Halifax, and extra for each man that was competent to be an officer, 
£4 extra ; and for sergeants I was to receive $4 extra. I did not 
know at the time that this contract was illegal, and have never 
received anything for any services I rendered Mr. Howe. Mr. Howe 
stated in this conversation, in the presence of Kumberg, Van Essen, 
and Link, that Mr. Crampton had given him the direction of each 
of us, (referring to Rumberg, Van Essen, and myself,) as the only 
persons with whom he was to confer in this city, and that Rumberg 
and Van Essen had been highly recommended to Mr. Crampton by 
some French ambassador. 

He then went to his writing- desk, took $300 out, and was handing 
them to me. I told him, " I do not take any money from you." I 
had so told him once before, as I actually wanted the money through 
the hands of Mr. Mathew. I was at this time still doubtful whether 
I should embark in this enterprise, as all I have been stating now 
was mere conversation ; and I had not done anything at all that could 
make me liable in any shape or form. I desired to test the question 
whether I should act or not, thinking that Mr. Mathew would not 
play any part in this affair if it would be against the law of the coun- 
try, and I therefore asked that the first step be taken by him. 

Mr. Howe then said, " if you would prefer that Mr. Mathew should 
give you the money, it shall be done so." I answered, that his 
doing so was a great object to me, as he (Mr. Howe) was only a tran- 
sient visiter, and could leave the States any time he was disposed ; but 
Mr. Mathew, as a Britisli functionary in this city, would i'cel himself 
bound to cover me if anything should hap])en, or any charge should 
be made. He said, " I am very glad to hear that you are so cautious, 
and I will meet your wishes ; please call to-morrow morning here at 
9 o'clock, and if I have not left the city, I will take you to the room 
of Mr. Mathew in the same hotel, and he will give you the money; 
but if I have left, go to Mr. Mathew in his office, and get the money 
there, if he has not before sent it to your house. I asked him why he 
staid at Jones's Hotel ; he said, as the Britisli consul stopped 
there, he did so. We shook hands, and I went away. In the course of 
this conversation, Mr. Howe remarked, "there is no necessity to be 
afraid of anything ; the laws of the land here are but poorly enforced,, 
and £100 might purchase all the laws of the land." 

On the morning of the 14th of March I went to Jones's Hotel ; Mr. 
Howe had left, but Mr. Hicks, the book-keeper of Jones's Hotel, handed 
me an envelope without an enclosure ; on the fly or fold of the envelope 
were written these words : " Go to Mr. Mathew ; it is all right." I 
went to Mr. Mathew' s office and saw him there; he told me " 



IN THE UNITED STATES. 211 

had just sent his clerk up to my residence, 424 North Twelfth street, 
with $300, which Mr. Howe had requested him to give me ; and if I 
would stay there, or come hack again in a quarter of an hour, his 
clerk would he hack, as he wished to have me give a receipt for the 
money." I remained and conversed ahout the hest plan to begin the 
matter. Mr. Mathew observed that he would be glad to assist me 
in anything, hut it must be a secret, as his official standing would not 
permit hini openly to have anything to do in the matter. The clerk 
returned, when the conversation ceased at a signal given to me by 
Mr. Mathew. The clerk handed the packet to Mr. Mathew, and 
Mr. M. counted to me $300, and I took the slip of paper marked D. 
C. F. H., in which the money had been enclosed to me. The follow- 
ing is a copy of this paper in the handwriting of Mr. Mathew : 

'" Mr. Howe requests the $300 sent may be given to Mr. Hertz, on 
his receipt in Mr. Howe's name." 

He handed me a slip of paper, and asked me to give him a re- 
ceipt. He said, "be careful to put Mr. Howe's name in it." I 
wrote the receipt in these words : 

" Received, Philadelphia, 14th March, 1855, of Mr. B. Mathew, 
three hundred dollars on account of the Hon. Mr. Howe." 

Mr. Mathew stated further-, that "if you want anything for ves- 
sels, or means for conveyance, you must go to Mr. Henry Winsor, on 
the wharf near Pine street, and he will furnish you with anything in 
his line ; that he (Mr. Winsor) had moneys in his hands, or under 
his control, belonging to Mr. Howe." 

I took an office on the 14th of March, and went to the Pennsylvanian 
and Ledger, and inserted the advertisement written by Mr. Howe. 
The Ledger notice was an abstract ; the Pennsylvanian inserted it at 
length. Mr. Rumberg attended to the advertisements in the Demo- 
crat Free Press. On the 16th of March the business commenced ; 
plenty of men came, and the first day I had so many that I could 
make a transport. I went down to Mr. Winsor and told him I wanted 
a conveyance for about 100 to 140 people to Halifex. He said, " There 
is no possibility to get it from here direct to Halifax, but means are 
procured to send them from here with his steamers_ to Boston, and 
there the regular packets would take them to Halifax ; but, at all 
events, it would not be possible to send such a number before Satur- 
day, the 24th, as the steamer would not go before. I was placed in 
an unpleasant position, as those men were very poor, and were anxious 
to start. I was, therefore, necessitated to give them a little money to 
live. I believe it was the 16th or 17th, in the afternoon, about nine 
or ten persons, calling themselves English subjects, came to my office. 
They told me they had just come from the British consul, who had 
sent them to my office to get tickets, which were left there the same 
day in the morning by T. L. Bucknell. I told them I would give 
them tickets if they would bring me a written receipt from Mr. Ma- 
thew, as I had my instructions to use those tickets with discretion. 
They went away ; in about half an hour after, a message was sent 
from Mr. Winsor wishing to see me. I went down ; he presented me 
a letter, addressed to him from Mr. Mathew, in which he desired 
that Mr. Winsor should get tickets from me, and furnish the people 



212 BRITISH RECRUITMENT 

■who had called uj^on me as English subjects with free passage by the 
schooner Bonita, of Halifax, Captain Coffin, then lying at Pine- 
street wharf, and pay the captain §12 for each ticket returned by the 
cajjtain to Mr. Winsor. I gave Mr. Winsor eight tickets, and he 
gave me the receipt hereto annexed, marked E. C. F. H. (This receipt 
will be found ante, page 184 ; ) and I saw the captain give to Mr. 
W. a receipt for $96, as the captain had returned the eight tickets he 
had received from Mr. W. to him, and bound himself to deliver up 
those men in Halifax ; and further, to return to Mr. Winsor $12 for 
each man he should not deliver up in Halifax. The captain took the 
eight men in his schooner, and sailed with them that evening. The 
same day I wrote a letter to Mr. Howe asking for funds. Mr. Howe's 
direction was given me by Mr. Mathew. The following morning I 
got a telegraphic despatch, directing me to call on Mr. Winsor and 
get funds. I went to Mr. Winsor, and told him I wished $500. He 
told me that he had an order to pay me $100 only ; that Mr. Howe 
would be here, perhaps, that day or the day after, and he would furnish 
me with more. At the same time, Mr. W. told me that the steamer 
Granite State did not belong to him any more, that he had sold her 
to another firm, and he did not think that the firm would pay a charter 
for taking passengers ; that he did not know, therefore, how he would 
act to-morrow, as he could not procure any other vessel, I tele- 
graphed directly to Mr. Bucknell, asking him what I should do to get 
conveyance for my " brave people." I did not get any answer. The 
reason why I telegraphed to Mr. Bucknell was, that he was the only 
man to assist the agents in sending away men. Bucknell told me he 
was the only man that was authorized by Mr. Howe to assist the 
agents in sending the men to Halifax, as Mr. Howe himself was very 
much occupied, and travelling from one place to another. To get the 
people away, I went down to Sandford's line, and made an agreement 
with Mr. Eldridge to pay him $4 for each man he would take in his 
steamer to New York, if he could delay the departure of the steamer 
till Sunday. I wanted to have time to send the men by the steamer 
Sandford. As Mr. Eldridge did not know me, Mr. Winsor went in 
and told him that everything that I did he would be responsible for. 
On the 25th, in the morning, the people were ready to start at five or 
six o'clock; but as I had no money to furnish Mr. Strobel, who had 
command of the party, I went up to Mr. Mathew at Jones's Hotel, 
in his room, at five o'clock, and told him the peoj)le were there by the 
wharf, but Captain Strobel was not willing to start without money, 
and the poor people wanted to have money in their pockets. He got 
out of his bed and got $50 and handed it to me, saying, "if that is 
not enough, I will give you more." I went down to the wharf and 
gave $25 to Mr. Strobel, and divided the balance among the men who 
were going — eighty or ninety people. These people were those I had 
engaged at my office to go. They went off" to New York. I went 
the same night, the 25th, to New York, and went to Delmonico's hotel, 
where I found Mr. Bucknell sleeping in Mr. Howe's room. I told 
Mr. B. that the people either were there, or would come, as they left 
this morning, and asked how they were to be conveyed to Bos- 
ton. I also told him that Mr. Strobel would be there and receive his 



IN THETTNITED STATES. 213 

further orders. Mr. Biicknell said that lie would make it all right; 
that I should go to Mr. Barclay, at his private residence, College Place, 
and he (Bucknell) would soon be there to make further arrangements. 
I went away and returned to Delmonico's in about an hour. I met 
there Mr. Strobel, who had arrived; he told me that he wanted money 
to feed the people; that he was obliged to take them in four diiferent 
parties, to four different boarding houses in Greenwich street. Mr. 
Bucknell came down, and we went up to his private room, when he 
told me that he would go with us himself to Mr. Barclay, at his office 
in Barclay street, and that I should go with him. I went with him_, 
and he and Mr. Barclay went into an inner room. Mr. Bucknell then 
came out, and told me to wait in his private room at Delmonico's, that 
he would come directly and bring the money. He came and gave me 
$100, which I delivered in his presence to Mr. Strobel, less $5. I gave 
him $80 at that time, and had given him $1 5 before, that morning. We 
went together to the Astor House, where Mr. Bucknell telegraphed to 
Mr, Mathew to tell Mr. Cumberland (which means Mr. Howe) not 
to leave Philadelphia without seeing Mr. Hertz. Mr. Howe, at the 
time we were in New York, had gone to Washington, and was ex- 
pected to return in a day or two. I left New York and returned to 
Philadelphia the same night. Mr. Barclay was the British consul at 
New York. 

On my arrival from New York, I went directly from the depot to 
Jones's Hotel, where I saw Mr. Howe. This was on the 26th of March. 
Mr. Howe told me he had returned the same morning from AVash- 
ington, and as he had received a message from Mr. Bucknell, 
through Mr. Mathew, he had waited here for the purpose of seeing 
me, as he was very anxious to see me. He had in the meantime, before 
my arrival, sent up for Mrs, Hertz to come down and see him, as he 
was indisposed; but she declined to do so. He told me he had come 
from AVashington, after having a very important interview with Mr. 
Crampton, and that Mr. Crampton told him that, as far as he could 
observe, the government of the tFnited States had begun to feel a lit- 
tle uneasy about this matter; in the meantime that I should go on 
and care for nothing, as I could be quite sure I would get immediate 
information in case the United States government should determine 
to prosecute the matter. I told him that I was not afraid, as I had 
the words of such men as Mr. Crampton and Mr. Mathew that noth- 
ing should happen to me. He 'told me that it was ten o'clock, and he 
expected to see [Mr. Mathew, as he (Mr. Howe) would leave in the 
midnight train for New York. I told him that I was surprised that 
he had not sent me any money, as he said I should not be economical 
with it. He promised to write a note to Mr. Winsor, and all should 
be made right the next day, but the next day Mr. AYinsor told me 
he had no orders ; Mr. Howe had not seen him. Mr. Howe told me 
to word my despatches calling the men barrels or parcels. Mr. Howe 
also said, in this last connexion, that I could make a large amount of 
money; that all I had to do was to blow a trumpet in the. streets, 
and that I could get thousands for the foreign legion ; that Mr. De 
Korponay was highly recommended as a man of great connexion m 
the West and Texas, and that I should endeavor to see him, and fur- 



214 BRITISH RECRUITMENT 

nish him with the necessary means to start, and that as soon as I had 
sent him (Howe) word that I had engaged Korponay, he wouhl send 
me money. 

The next morning I received a telegraphic despatch from Mr. Buck- 
nell, asking how many parcels I woukl send, and that I shoukl hurry 
them along ; that there was another company wanting to join the 
next expedition, so that they should go to Boston together, I an- 
swered him immediately that I supposed 50 to 60 harrels would go 
off hy the Sanford to-day. Some 47 went off hy the Sanford that day. 
When I came to my office a iialf an hour afterwards, I was arrested. 
On Wednesday, tlie 28th of March, I was arrested, and on the 29th 
I went to Mr. Mathew's office and found Mr. Matliew in a deep con- 
versation with Do Korponay. He left Mr. De Korponay and invited 
me into the next room, and there said to me, " Do not he down-hearted, 
we will do everything for you in our power;" he meant hy "we" 
Crampton, Howe, and himself. He also said that I should try to 
give Mr. Howe information of what had happened, and that I should 
go down to Mr. Winsor and get $200 ; I went to Mr. Winsor; he told 
me he had made all right with Mr. Mathew; I went back to Mr. Ma- 
thew's, and he (Mr. Mathew) handed the paper marked F. C. F. H., 
which is now in two parts. This paper Mr. Mathew wrote in my 
presence. The j)aper is in the following words : 

"Please call at Jones's for |200 left with Mr. Sharwood, the pro- 
prietor, by Mr. Howe, at 2 o'clock." 

I went up to Mr. Sharwood, the proprietor of Jones's Hotel, and I 
received $200 from Mr. Hicks, the book-keeper, to whom I showed this 
paper. The same day I went down to Moyamensing to see Mr. Budd, 
who had sent me a message that he had no money. I gave him $5. 
I told him I could not procure bail for him, as the people did not want 
to go bail for a native who is engaged in a business of this character. 
My wife accompanied me, on this occasion, to the prison. I returned 
home with her, and there found a letter addressed to me ; afterwards 
I went out to take a walk with my wife^ and walked down Chesnut 
street, and met the porter of Jones's Hotel — John Allen I think his 
name is ; he asked me if I had received the letter he had left at my 
house that day, as the British consul had given strict orders that the 
letter should be delivered as soon as possible. The letter is hereto an- 
nexed, marked G. C. F. H., and is the letter I found at my house, on 
the occasion referred to by the porter. I have seen Mr. Mathew's hand- 
writing. I know his style of writing, and believe this letter marked 
G to be in his handwriting. The following is a copy of the letter : 

" If the sole name in the warrant and indictment is that of Glen- 
roy, the marshal is indictable for false arrest of the other parties. 

"The counsel, if such a man as J. Tyler, O'Ncall, or Lex, will 
paint this mean arrest in its true colors ; he will prove that the parties 
interested were solely acting for themselves, with no powerful friend 
behind them to pay fines, from the sole desire to aid in a war which 
Europe holds to be the war of liberty ; the one a German, the other a 
Britislier. 

' ' H they have erred, their error is but light. Do these pretending 



■ IN THE UNITED STATES. ' 215 

republican autliorities seek to wreak vengeance on them for loving 
freedom with England better than Russia ? 

" The counsel's speech should be carefully published, andivill loeigh 
before a third hearing, which should bo obtained. 

''If, in truth, the British consul had no part in it, the atteuipt to 
involve hira should be exposed. 

"It may be easily shown Gilroy is not to bo believed on oath. Is 
he a ]iaid spy and traitor to entrap under false names ! ! 

' ' Honorable marshal ! Honorable district United States attorney ! 

" Honorable men, 'Captain Power,' and 'Lieut. Sommers' ! ! ! 

"What is Gilroy's real name? 

"Where rea% born? not where he says. 

"What his character? 

"What his reward? 

"Is the German desiring liberty, or the Britisher desiring to aid 
his country in a war, to be held as a criminal ! ! ! 

"What has Russia paid the dominant power for this rigor?" 

Some of the men who shipped on the morning of the arrest were not 
taken by the marshal, and went on to New York. 

The book marked H is the book in which the names were entered 
in my office, together with the three sheets of paper marked H, 1, 2, 
3. The names in the back of the book were the applicants for com- 
missions. 

The tickets produced in court are the tickets I gave to the men. 
Howe told me that the N. S. R. C. meant Nova Scotia Recruiting Com- 
pany, but I might translate it Nova Scotia Railroad Company. I 
had them printed myself. Mr. Howe told me to print them in this 
way. The white ticket with N. S. R. and J. H. on it, are tickets 
which I obtained from Mr. Howe myself; the J. H. are in his own 
handwriting. I used only eight of these, which were the eight I gave 
to Mr. AVinsor. Those I used had Mr. Howe's seal on in wax. 

On Saturday, before Strobel left, I told Mr. Mathew at that time, 
that the different gentlemen who expected to get a commission were 
anxious to know what pay they were to receive. He told me he could 
not exactly tell me, but that I should call on Dr. Williams, and give 
him his (Mr. Mathew's) compliments, and he would givenie Hart's 
Army List, which would give me the necessary information. I got 
the book from the Doctor, but could find nothing about the matter. 
I told Mr. Mathew of the result, and he said I should correspond 
with Mr. Howe about it, or, if he should see him first, he woukl men- 
tion it to him. The same night, on my return from New York, Mr. 
Howe told me he had got all the particulars from Mr. Crami)ton, so 
far as he knew it, and handed me the paper marked J. C. F. H. 

The paper referred to contains a memorandum as follows : 
"Ensign, 5-4 sterling. 
"Lieutenant, 6-8 sterling. 
"Captain, 11 and 2 sterling." 

This paper states the pav of an ensign, 5s. 4d. per day; lieutenant, 
6s. 8d. ; a captain, lis., and 2s. for rations. Mr. Howe said those 
prices referred to the per-diem pay. I believe this paper to be m Mr. 
Crampton's handwriting. 



216 BRITISH RECRUITMENT 

The liaDdl)ill marked K. C. F. H. (this is the handbill with .the 
Queen's arms on it, already printed, ante pasje 114) is the bill brought 
me by Mr. Bucknell, together with the white tickets with Howe's 
seal on them. These bills are the same as those posted in my office. 
All these bills were destroyed in the presence of Mr. Bucknell the 
next day, together with the tickets he brought me, except the eight I 
gave to Mr. Winsor. He brought me nine hundred odd tickets with 
Mr. Howe's seal on. 

When Mr. Bucknell was arrested, Mr. Matthew sent me word by a 
friend that he would be much obliged to me if I would not call on or 
correspond with him any more in this case, as he had apprehensions 
that he was closely watched by the United States officers. The same 
friend of Mr. Mathew told me it would be best for me to go direct to 
Halifax. Mr. Bucknell told me the same thing. Before I went to 
Halifax, I wrote a note to Mr. Mathew. He answered me that he 
could not do, nor would he do, anything for me in this case, which lie 
had before directly stated to me, and that I had used some improper 
remarks against him. I answered him, that I was surprised to hear 
such reniarks from him, as I had only said that the functionaries of 
the British government were perfidious, and I still think so. 

I left for Halifax, and had in my possession a letter to Mr. Howe, 
stating what he ought to do in my behalf. At New York, I went to 
the office of Mr. Barclay, and saw Mr. Stanley, the vice consul; he 
spoke with me about Mr. Howe, and told me that he was sorry that 
such heedless men as Mr. Howe had brought me and other honest 
people into a scrape without assisting us ; he also told me- that Buck- 
nell was going to Halifax, and that he (Mr. Bucknell) was in the 
same position as myself. Mr. Stanley told me that Mr. Mathew had 
paid Mr. Bucknell's expenses, including lawyers' fees, all the expenses 
he had incurred^ and expressed surprise that the same had not been 
done for me. Mr. Stanley paid my expenses from Halifax. I met 
at Mr. Stanley's office Mr. Jesson, who went from this place with 
Stroliel to Halifax. He told me in Stanley's presence, that he, Stro- 
bel, and some other officers from Halifax, had been sent to the United 
States, and were now in the United States, and were under the special 
control of Mr. Crampton, and any money or funds that they required 
would be given them by different British officials, and the money 
which he (Jesson) required for enlisting purposes, he had to obtain 
from Mr. Crampton himself, and that he would go that same night 
to Mr. Crampton for that purpose. This was in the first part of 
June, about the 7th, long after my arrest. Mr. Jesson said he was at 
that time going on the enlisting business, under the direction of Mr. 
Crampton, and I saw him send fifteen men on that occasion to Bos- 
ton, via steamboat, to go from thence to Halifax. Mr. Jesson 
told me he was then on his way to Washington to obtain money from 
Mr. Crampton for that purpose ; that the whole enlisting business was 
now entirely under the special supervision of Mr. Crampton, who had[ 
taken the matter entirely in his own hands. This conversation was in 
the office of Mr. Stanley, who paid Mr. Jesson some money in my pres- 
ence, to pay for fifteen tickets lor the men who were to go ofi" that day. 

I went with Mr. Jesson to the steamboat, and saw him pay the 



IN THE UNITED STATES. 217 

clerk of the boat for the passage of these men. I saw the men arrive 
the next day in Boston. They were taken charge of by another En- 
glish officer named Thune. He boarded them at different boarding- 
houses, and told me they were to go to Halifax, I took the Cunard 
steamer for Halifax, where I arrived on the 9th. I met Mr. Carsten- 
sen at Halifax ; we took a cab and drove out to Melville island. I 
saw in the barracks most of the people I sent from hero ; they were 
equipped, and were being drilled. The officer received me with great 
kindness, and Mr. Van Essen went with me to the city. At supper, 
Mr. Van Essen was called out, and did not return. I met Mr. Howe : 
on landing from the steamer he greeted me very kindly, but said he 
had no time to see me, and stepped on board the steamer for England — 
that was the same steamer I arrived in. The next morning, the 10th, 
I went again to Melville island to see Mr. Van Essen, who had pro- 
mised to introduce me to Sir Gaspard le Marchant. I was received by 
a man calling himself Major Weis, who told me there were strict 
orders not to allow me to come to the island again. I asked him to 
show me the order, for, unless I saw it, I would not leave the island if 
he were twenty times major. He had no written order, and I went 
on to the island. He sent immediately to the governor for instruc- 
tions ; in the meantime, he ordered the people and officers not to 
speak with me. In about a half hour the order arrived, and he pre- 
sented it to me. I told him it was the order of the governor of the 
province ; that I would like to see the order of the military governor, 
for without it I would not leave. He sent again to the fort, and the 
commanding English colonel of the forces came himself, and told ine 
that no strangers were permitted to come on to the island. I left, in 
company with the colonel, in his caleche. 

The barracks at Melville island, where the soldiers are kept, are a 
parcel of wooden sheds, scarcely equal to those in which a good Penn- 
sylvania farmer keeps his cattle. I then went up to Sir Gaspard le 
Marchant, introduced myself, and told him what I wished. In the 
beginning he did not desire to have any connexion with me at all ; 
but after I had presented to him, in strong language, the manner in 
which I had been treated in Philadelphia, as well as in Halifax, he 
replied it was not his fault, but Mr. Howe's. He also said that Mr. 
Howe had used $120,000 in the recruiting business, and inasmuch as 
he had rendered no account of it yet, he could not tell how my account 
stood ; that in the meantime I should give him a written statement of 
what I wished, and he would answer me the next day. I gave him 
the statement, and the next day I received the letter marked L, 
(C. F. H.) (This letter is already published, and will be i'omul ante 
page 146, dated June 11th, 1855.) I left Halifax the next morn- 
ing. At the time he delivered the letter, which was handed to me by 
Mr. Wilkins, in the presence of Sir Gaspard, he told me that " when 
you return to New York, go to Mr. Stanley, and that he, Mr. Stanley, 
will then be able to settle with you." When I arrived at Windsor I 
wrote a letter to the governor, Sir Gaspard le Marchant, in which I 
repeated all that I had said to him the day before, and told him that 
when I came to New York, if Mr. Stanley had no orders from him, I 
would publicly call on Mr. Crampton, Mr. Mathew, &c., and make 



218 BRITISH RECRUITMENT 

them account for the inducements lield out to me, and througli wliich. 
I was brought into this difficulty. I arrived in New York^ two days 
afterwards, from Windsor, and called on Mr. Stanley ; but, as I had 
anticipated, he had no orders. Mr. Stanley begged me to be quiet, 
and not make any noise, and assured me that I should be munificently 
compensated for my services for the foreign legion. I went to How- 
ard's Hotel, where I remained some time. AVhile there, an old gen- 
tleman came in, asking me to abandon the English side. I said, '' I 
can't do it." 

I returned to Philadelphia about the 15th of June, and waited 
until the 17th for a letter which Mr. Stanley had promised to write. 
I did not receive it, and therefore wrote him a letter, in which I re- 
quested him to pay for my services — I meant the money the govern- 
ment owed me, and which he promised to obtain. I received in reply 
the letter marked M. (C. F. H.,) hereunto annexed. (This letter is 
already published, and will be found ante, page 147.) 

Previously to my going to Halifax, on the 23d of May, I wrote a 
letter to Mr. Crampton, in which I stated that I had received infor- 
mation that he (Mr. Crampton) and his secretaries, all together, had 
said that I was in correspondence with the Kussian government, for 
the purpose of betraying their secrets, and if they did not apologize 
for making this charge, I would call upon him and the Eussian 
minister to make a statement. To this letter I received the letter 
hereto annexed, marked N. (C. F. H.) (This letter is already, jnib- 
lished, and will be found ante, page 146.) 

All that 1 did, in procuring and sending men to Halifax, for the 
foreign legion, was done by the advice and recommendation of Mr. 
Crampton, Mr. Howe, and Mr. Mathew. I was employed by Mr. 
Howe, and acted as his agent, with the knowledge and approbation 
of Mr. Crampton and Mr. Mathew. Mr. Mathew knew of both the 
expeditions I sent. He approved and encouraged me in sending them 
aAvay. He encouraged me by his advice and counsel, and in giving 
me money to send them away. 

The statement which I now have made, I have made voluntarily, 
without any inducement other than the regret I feel in having vio- 
lated the laws of this country, and the desire which now prompts me 
to make every reparation in my power, by confessing my own fault, 
and exposing those who have induced me to enter into this illegal 
business. I make this statement in the hope that it may liave its 
proper influence upon the government of the United States, in relation 
to any future action in the prosecution against me. I have made it, 
however, without any promise as to such future action, placing myself 
entirely upon the clemency of those who have the power to act in the 
premises. 

HENKY HERTZ. 
In testimony of all which, I hereunto subscribe my name and 
|- , -] affix my seal, this eleventh day of October, A. D. 1855, and 
^ ■ ■-' in the eightieth year of the Independence of the said United 
States. 

CHARLES F. HEAZLITT, 

United States Commissioner. 



IN THE UNITED STATES. 219 



Mr. Woodbury to llr. 3Iarcy. 

Boston, June 13, 1855. 

Sir: A complaint was brought before me, some days since, against 
a German named Caufman, for violation of the neutrality laws of the 
United States, by "hiring or retaining certain persons to go beyond 
the jurisdiction of the United States, with intent to be enlisted in the 
service of a foreign prince. Queen Victoria." The disclosures in the 
investigation of this cause produced other complaints and arrests. 
An investigation of a week has led to the discovery of many import- 
ant facts, which I conceive it my duty to communicate in a distinct 
shape to your department, that the government may adopt any action 
which it shall see fit. 

The provincial government of Nova Scotia has commenced, some 
two months since, the organization of a foreign legion, destined to 
serve in the British army in the Avar now pending in Russia. A 
proclamation signed by the provincial secretary, L. M. Wilkins, an- 
nounces that a bounty of $30, and a pay of $8 per month, will be 
given to q.very recruit. It further announces that shipmasters bring- 
ing to Halifax "poor men desirous of enlisting shall be paid their 
passages." 

The Hon. Joseph Howe, of Nova Scotia, late secretary, and I be- 
lieve at present one of the railroad commissioners, came to the United 
States a month or six weeks since, and organized the recruiting ser- 
vice for this legion. 

From various disclosures, as well as testimony, I am induced to be- 
lieve the organization to be as follows : 

Two regiments have been organized — one with Polish oflticers, 
one with German officers. About three hundred recruits were in 
depot at Halifax a fortnight ago ; fifty have sailed since from this 
port to join. The instructions are to enlist no Irish. Germans are 
sought for. Major Weisse commands at the depot. Baron Fonescan, 
Doctor Beale, and Lieutenant Zeimichi, are at Halifax also. The other 
officers are now in the States, engaged in the lousiness of recruiting. 

Information has been given me as to the details of the recruiting 
service, which I am inclined to credit. 

New York has been the jjlace where the enlistment has gone on 
most' actively ; Boston the shipping port for Halifax. Mr. Stanley, 
(a clerk, I believe, in the English consul's office,) and a Mr. Turnbull, 
are represented as having the organization of the financial depart- 
ment there. 

Colonel Smolenski, a Pole, formerly captain in the Polish service, 
major in the Hungarian war, and in service in Belgium, but lately an 
engraver, 251 Broadway, room 11, is the chief military officer station- 
ed there : he speaks good English and French. Lieutenant Yesson, 
a German, and a Pole named Trietarky, (I write from the sound,) 



220 BRITISH RECRUITMENT 

arc the otlier military officers. A Captain Carstensen, a Dane, was 
here, and has fled ; is probably there. Lientenant Thoman was here, 
and has fled ; is probably there. The inferior agents are boarding- 
house runners^ intelligence-office keepers, &c. Jacoby resides in 
Christie street, office in Lewis street : Rosenbaum, 353 Greenwich, 
said to be chief enlisting agent. 

The men gathered by these runners are sent on in squads of 
five to ten to Boston, their passages paid, and consigned to one of 
two or three German boarding-houses, where they are boarded until 
they can be shipped in a packet to Halifax. 

Dr. .Kieckbach, a German, has been, and Captain Sierewski, a Pole, 
Lieutenant Galitsky, alias Celagi, a Pole, are in charge here of the 
forwarding of men to Halifax. They pay the boarding-masters, and 
ship the men in the packets. There are two lines of packets from 
here to Halifax, and the agents of these lines have advanced the 
money to pay the charges in Boston, and get their pay and passage- 
money on the arrival of the squadsin Halifax. Aboutfifty Germans have 
been rejected at Halifax, and most of them returned to New York. 

The boarding-masters are allowed four dollars a head for the men 
they send down; two for the runner, two for tliemselves. Complaint 
is made by many of the Germans going down that they are given but 
$14, instead of the $30 bounty promised, and paid 4:d. a day instead 
of the $8 per month, promised in the proclamation. 

Recruiting agencies are said to be established at Portland, Phila- 
delphia, and Buffalo, and officers have gone further west to establish 
others. 

Major Piatt, represented as being of Mount Air, Canada, and his 
son, Captain Piatt, are probably in charge of this division. 

A large number of other officers are spread over the States in this 
business, some of whose names I am informed of, others not ; but 
their residences I cannot give. There are now in arrest, as witnesses 
here, about twelve men who have been brought thus far on their way 
to Halifax. They have seen none but the runners and the forwarding 
agent here. A gentleman wdio has been connected with all their 
business has given much information, and other has been obtained by 
close investigation. 

The agent in Philadelphia is Mr. John Smith ; the one in Buffalo, 
Dr. Aschenfeldt. 

I presume these details are sufficient to enable you to form an opin- 
ion of the extent and character of the violation of our neutrality now 
being attempted by the autliority of the English government. Since 
these investigations began here, two squads, of 6 or 8 each, sailed to 
Halifax, and then, learning of the departure of a packet, I communi- 
cated with the collector of the port, who directed a watch to be kept 
on her ; a squad of 21 men were seen to march to her, and were 
carried off. The agents who accompanied them to the packet are 
known. 

But few enlistments have taken place in Boston, as there are but 
a few thousand Germans who live here. Now that these arrests have 
been made here, the shipping port will probably be changed to Phila- 



IN THE UNITED STATES. 221 

delpliia or New York, and soon, I presume, they will send tlieir men 
to Canada as the safest route. 

The district attorney has heen ahsent from town for several days 
past, and in the conduct of these examinations has been represented by 
one of his assistants, who has performed with zeal and intelligence his 
proper duties. Except in the first case which came up, when we 
were not aware such important disclosures would be arrived at, I have 
not had the superior advantages of consultation with the United States 
attorney himself. Were he here, I should not undertake to give this 
information to the State Department, as it properly pertains to his of- 
ficial duty. Under the circumstances, however, I trust that neither 
the State Department nor the United States attorney will conceive 
that I am departing from propriety, or the respect due to them, in the 
course I have taken. 

I have the honor to be, respectfully, your obedient servant, 

CHAS. LEVI WOODBURY, 
Commissioner Circuit Court U. S., District of Massachusetts. 
Hon. Wm. L. Marcy, 

Sccretai-y of State. 



Mr. McKeon to Mr. Marcy. 

Southern District of New York^ 
U. S. District Attorney's Office, June 18, 1855. 

Sir: I have the honor to enclose an affidavit made by Morris Kieck- 
bach, before George W. Morton, esq., one of the commissioners of the 
United States. 

It relates to the means made use of by the colonial government of 
Nova Scotia to retain men within the jurisdiction of the United States, 
to proceed to Halifax, there to be entered or enlisted as soldiers of the 
Queen of Great Britain. 

I have the honor to remain, with great respect, your obedient ser- 
vant, JOHN McKEON, 

U. S. District Attorney. 

Hon. W. L. Marcy, 

Secretary of State. 



Southern District of New York^ ss : 

I, Morris Kieckbach, of No. 206^ Canal street, physician, do swear 
that, about five montlis since, deponent arrived at this city from Bra- 
zils, and, at the instance of several families, went to Montreal, there 
to settle as a physician and surgeon. At Montreal deponent heard 
that the British government was about to form a foreign legion to go 



222 BRITISH RECRUITMENT 

into the service on the continent, and that the authorized agent of the 
government was then at Boston. I then went to Boston, and found 
Colonel Smolenski and Captain Carstensen. Smolenski was to raise 
a Polish regiment, and Captain Carstensen was to have a command 
•in the battalion of Germans raised by Major Weisse. Smolenski in- 
troduced me to the honorable Joseph Howe, in Boston. He boarded 
at the Tremont House. This was about the 26th to the 28th of April 
last, or perhaps a day or two later. Mr. Howe declared himself to 
be the agent of the colonial government of Nova Scotia, and acknowl- 
edged me as staff or regimental surgeon to the Polish officers' regi- 
ment under Smolenski, and at the same time this deponent was en- 
gaged as the representative and agent, in lieu of Smolenski, at Bos- 
ton. This deponent's duty, as such agent, was to receive the persons 
who had been enlisted and sent to Boston, to bring them into board- 
ing-houses, ship them to Halifax, pay their debts, receive money from 
Clark, Jones, & Co., for account of Howe, and to pay $4 a head for each 
man to the agent who had enlisted them. I pxted as such agent to 
the 18th May. I drew $327, Captain Carstensen $949, and Colonel 
Smolenski $465. Some of the men — say about 50 of 200 that I had 
sent — had been rejected at Halifax, who reproached me for having in- 
veigled them. I then went myself to Halifax. I there received per- 
mission from Governor le Marchant and Messrs. Howe and McDon- 
ald to visit Melville island, which is used as a depot for these men. 
I found there about 200 soldiers, who were very discontented. There 
was another house in Boston which paid agents' fees, viz: Sprague, 
Soule, & Co. 

I represented to Governor le Marchant that the men were discon- 
tented, and he promised to see them satisfied. He referred me to Mr. 
Crampton, the British minister at Washington, who was to refund 
me what I had advanced out of my own funds, and to arrange with 
him about the further organization. He said that he (the governor) 
had no further power ; that the Plome Office had transferred it to Mr. 
Crampton. I was told I would find Mr. Crampton at Washington, 
or at the British consulate of Mr. Grattan, in Boston, between the 5tli 
and 15th June. Not finding Mr. Crampton there, I spoke to Mr. 
Grattan, who also referred me to Mr. Crampton, and said that he 
would not be in Boston. I then went to New York, and spoke to Vice 
Consul Stanley, British vice consul at New York. Mr. Stanley told 
me he heard and read that there was a warrant out against him ; that 
there were many spies about, and that he had no order to pay me ; 
and when I spoke to him about Mr. Crampton, he said that all my 
business with Crampton must come through him. 

Dr. M. KIECKBACH. 

Sworn to before me, June 18, 185£i. 

GEORGE W. MORTON, 
United States Commissioner, 



IN THE UNITED STATES. 22; 



THE SEIZURE OF THE BARQUE MAURY. 



Report of the Committee of the Neiu York Ghamher of Commerce, 

November 27, 1855. 

The committee appointed by the Chamber of Commerce to ascertain 
and report the facts connected with the late seizure of the American 
barque "Maury," on the information of Mr. Barclay, her Majesty's 
consul at New York, respectfully submit, for the information of the 
chamber, the following documents : 

No. 1. Mr. Hunter, Assistant kijecretary of State, to Attorney Gene- 
ral, October 12, 1855. 

No. 2. Telegraphic despatch from Attorney General to United 
States attorney, New York, October 12, 1855. 

No. 3. Attorney General to Secretary of State, October 12, 1855. 

No. 4. United States attorney. New York, to her Britannic Majesty's 
consul, October 13, 1855. 

No. 5. Same to collector of port, October 13, 1855. 

No. 6. Attorney General to United States attorney. New York, 
October 13, 1855. 

No. 7. Her Britannic Majesty's envoy, &c., to Secretary of State, 
with four affidavits, October 11, 1855. 

No. 8. United States attorney. New York, to Charles Edwards, esq., 
October 16, 1855. 

No. 9. Deputy surveyor of port to United States attorney, New 
York, October 15, 1855. 

No. 10. Inspectors of customs to surveyor of port, October 15, 1855. 

No. 11. United States attorney. New York, to Attorney General, 
October 17, 1855. 

No. 12. Same to United States marshal, October 17, 1855. 

No. 13. United States marshal to United States attorney, October 
19, 1855. 

No. 11. Messrs. Low to same, October 18, 1855. 

No. 15. Charles Edwards, esq., to same, October 19, 1855. 

No. 16. United States attorney, New York, to Attorney General, 
October 19, 1855. 

No. 17. Attorney General to Secretary of State, October 19, 1855. 

No. 18. Same to United States attorney. New York, October 
22, 1855. 

No. 19. Same to Secretary of State, October 22, 1855. 

No. 20. United States attorney, New York, to Attorney General, 
October 20, 1855. 



224 BRITISH RECRUITMENT 

No. 21. A. A. Low & Brothers to John A. Stevens, chairman of 
committee of Chamber of Commerce. 

No. 22. Depositions of J. N. Cornell and Wm. D. Craft, police 
officers, before the mayor, November 23, 1855. 

Your committee have sought no further evidence, as all the facts 
and suspicions are comprised in these papers. Proceeding to consider 
their import, it is to be remarked that the firm in question are Ameri- 
can merchants of this city, having a number of vessels, chiefly employed 
in the Pacific, China, and India seas; being, perhaps, more largely 
engaged in this branch of commerce than any other house in the 
United States; that they are directors and managers in many import- 
ant commercial institutions, are of high commercial standing, and are 
well known as men of probity and honor. 

Your committee find that the barque "Maury" was built in this 
city during the past summer for this firm; that she was advertised by 
them for thirteen days before the date of the affidavit, under their 
own name, in five daily papers, to wit: the Courier and Enquirer^ 
Journal of Commerce, Commercial Advertiser, Neiu York Express, and 
Evening Post, for Shanghae, in China ; was loading wholly on 
freight ; and never having taken her first clearance, her register had 
not been then issued from the custom-house ; that there was on board 
an armament of four guns, with a moderate sui)ply of small-arms, and 
also ten guns on freight, and that other cargo was being received. 
These guns were first placed in the lower hold, as temporary ballast ; 
were afterwards raised to the between-decks, and were never concealed 
in any way v.diatever. Such armament and freight are not unusual 
for vessels bound for the China seas ; and vessels similarly equipped 
have heretofore been despatched from this and other ports in the 
United States, without suspicion or notice ; and, apart from other cir- 
cumstances, armament and guns in the China trade afford no cause to 
suspect any intended infraction of the neutrality or revenue laws, nor 
any intended illegal or questionable employment. Your committee 
have not been able to ascertain, and do not believe^ that there were 
any other facts which could reasonably lead to such suspicions in 
regard to this vessel. It is manifest, however, that they were enter- 
tained by the British consul here, and by the British minister at Wash- 
ington ; for upon the affidavits and statements submitted by these func- 
tionaries, without a full ascertainment of the truth in a matter so 
important, and without an inquiry from the owners, and chiefly on an 
oath of belief, without a statement of the facts on which it was 
founded, the " Maury" was taken possession of by the United States 
marshal, on the afternoon of the 17th of October, under process from 
the United States court, founded on a libel, sworn to by the British 
consul, as forfeited for a breach of the neutrality laws. 

In view of your committee^ the feelings of a respectable firm, and 
the character of New York merchants, liave been needlessly dispar- 
aged and assailed, through heedlessness and culpable want of inquiry, 
or strange credulity on the part of those making the representations 
to the officers of the American government ; for it is clear that in the 
lapse of seven days, between the day on which, the affidavits were 
made and the day of the seizure, the true destination of the vessel, 



IN THE UNITED STATES. 225 

and all tlie facts of the case, could liave been ascertained. Tlic state- 
ment of Messrs. Low, so satisfactory after the seizure, could have been 
as easily obtained before it was made, by a simple application to them. 
Their advertisements of the vessel were in five daily papers, from the 
27th of September to the 24th October ; and tlie seizure, upon suspi- 
cions so carelessly, so credulously entertained, is truly remarkable. 

The appeea-ance of the marshal was the first intimation to the house 
that their standing and character had not protected them from the 
charge of being engaged in an unlawful and disgraceful undertaking. 
But these slanderous affidavits could not stand an examination , and 
instantly vanished before their simple statement. The exhibition of 
the unaccountable misapprehension, ignorance, and credulity, on 
which the charge was based, alone survives. The proceeding of Mr. 
Barclay was withdrawn on the second day— one day being lost by his 
unwillingness to act at all without seeing Mr. Edwards. The cham- 
ber vsnll remark that the affidavits were all sworn upon the same day, 
(the 10th of October,) and that the steamer Pacific, which left this 
port on the ITth of October, took out the information which has caused 
so much excitement and alarm on the other side of the iltlantic, unless 
it was forwarded by a preceding steamer. This information, thus 
hurried oif prior to the seizure of the '^ Maury," was ex jJcirte entirely , 
and no explanation could accompany it. By a public card of the 20th 
instant, Mr. Barclay denies " having written a despatch to her Majes- 
ty's government in regard to that ship." Therefore, from whom it 
emanated, and by whose indiscretion the relations between the two 
countries were rudely jarred, is v/holiy in the dark. The letters of Mr. 
Barclay and Mr. Crampton leave upon them the burden of answering 
the inquiry. Your committee were greatly surprised to observe, by 
Mr. Cram^pton's note to the Secretary of State, that he ha,d been in- 
formed by Mr. Barclay not only that '' he has good reason to believe 
that this vessel (the ' Maury') is intended for the service of Russia in 
the present war, but that a plan exists for fitting vessels of a similar 
description in other ports of the United States, with the express de- 
sign of committing hostility against her Majesty's government, and 
more particularly of intercepting and capturing the British mail 
steamers plying between Ijiverpool and Boston." For such a state- 
ment your committee have been able to find no warrant in the affida- 
vit by any person, or of any fact, or indeed of any belief. They be- 
lieve that no fact exists warranting any such sta,tement, and they share 
a common surprise that any man living in this city, or having com- 
munication with it, should for a moment believe it. On the contrary, 
the committee have it from the highest authority that the government 
has no knowledge, belief^ or suspicion that any privateer, or other 
armed vessel, is fitting out, or has been fitted out, in this country, for 
or against any of the European belligerents. 

The committee furtlier report, that the following card from the 
British consul appeared in the New York Herald of the 24th October, 
and do not find that it was published in any other paper : 

" Misrepresentations on the above subject (regarding the 'Maury') 
having been published in various newspapers, among others that mu- 
nitions of war were found on board ' secreted under a quantitv of cot- 
Ex. Doc. 35 15 



226 BRITISH RECHmTMENT 

ton,' I desire to disabuse tlie mind of the public of tbat impression by 
stating that such was not the case. 

" Plad my endeavors, made before information was formally lodged^ 
to ascertain the owners of the ship ' Maury' succeeded, the explana- 
tions which that respectable firm (Messrs. A. A. Low & Brothers) 
gave after the libel was filed would have been sought by me, and no 
doubt would have been given before, and the course which was adopted 
would not have been resorted to. 

''A BAKCLAY, 
" Her Britannic Majesty's Comiil. 

" New York, October 23, 1855." 

This publication was not in time for the next steamer, which sailed 
from Boston for Liverpool the same day. It is for the chamber to 
consider whether this card was an adequate atonement to the house 
whose vessel had been seized, or to this commercial community ; or 
whether, in so grave a matter, affecting the sensibilities of two great 
nations, the most speedy and wide-spread recantation was not due to 
]3oth — alike from the British consul and the British minister. 

The government of the United ^States, from the time of the adminis- 
tration of Washington to the present case of the ' ' Maury," during all 
the contests which have existed since their independence, has, without 
fear or partiality, strictly enforced the rigid neutrality laws of the 
United States. 

Although lawless men have sometimes escaped its vigilance, no ad- 
ministration of this government has given reason to doubt its determi- 
nation to maintain them. When the authorities by accident have 
not been able to prevent the offences, they have uniformly brought the 
oifenders to trial at the earliest opportunity ; and such trials have 
always been made with all the urgency which is consistent with justice. 

It is due to our country briefly to recall the features of our neu- 
trality laws. They not only express the political but commercial sen- 
timent of the country. First enacted in 1T94, they have been contin- 
ued and made more effectual by repeated subsequent enactments. No 
laws are more widely or generally known among public men. They 
forbid any citizen to accept any commission to serve against any peo- 
ple in peace with the United States. They forbid foreigners tran- 
siently within the United States, or on board any vessel within its ju- 
risdiction, to enlist, or to go abroad to be enlisted, in the service of 
any nation at war with any such people. They forbid the fitting or 
arming any vessel, or increasing the armament of any armed vessel; 
with intent to be employed in any such service. 

They forbid all military expeditions against any nation at peace 
with the United States, from the beginning, to provide means there- 
for, to the ■ actual departure of such expeditions. They forbid the 
being concerned in fitting out any vessel to commit hostilities against 
any nation, at peace with the United States. 

These laws are the well-known expression of public opinion, and 
the common sentiment of the country. They have been enforced, as 
occasion required, against and in favor of all nations alike — against 
France, our earliest ally ; in favor of Spain, when we had serious 



IN THE UNITED STATES. 227 

questions with her ; against the weak and rising republics of this 
continent ; and noAv, without partiality or fear, "^against England 
the most warlike and the most commercial of nations having rela- 
tions with us. 

The Chamber of Commerce of New York, holding these enactments 
as bincling equally in law, honor, and conscience, claim but a common 
right in asserting that a charge of violating them — a charge which 
they deem a disgraceful impeachment— should not be lightly made, 
nor without careful inquiry, against any of their members. 

The committee unanimously recommend to the chamber the 
adoption of the following resolutions : 

1. Besolved, That the Chamber of Commerce of New York receive 
and adopt the report, as a correct statement, and as containing the 
sense of this body on the subject. 

2. Besolved, That no proper amends or apology have been made to 
A. A. Low & Brothers, for the charge brought against them, wliich, 
if true, would have rendered them infamous ; nor to the merchants 
of this city and country, so falsely and injuriously assailed. 

3. Resolved, That the merchants of New York, as part of the body 
of merchants of the United States, will uphold the government in the 
full maintenance of the neutrality laws of the country ; and we 
acknowledge and adopt, and always have regarded the acts of the 
United States for preserving its neutrality, as binding in honor and 
conscience, as well as in law ; and that we denounce those who 
violate them as disturbers of the peace of the world, to be held in 
universal abliorrence. 

All of which is respectfully submitted. 

JOHN A. STEVENS, 
GEORCIE GPJSWOLD, 
P. PEEIT, 
E. E. MORGAN, 
THOMAS TILESTON, 
CHARLES H. MARSHALL, 
STEWART BROWN, 
MOSES H. GRINNELL, 
ROYAL PHELPS, 
ROBERT C. GOODHUE, 
JAMES LEE. 

New York, November 27, 1855. 



APPENDIX 



No. 1. 



DeparTxMe?tt of State, 
TFasJiington, October 12, 1855. 
iSir: By direction of the Secretary of State, I have the honor to 
enclose a copy of a note of the 11th instant, addressed to this depart- 



228 BRITlSn RECRUITMENT 

ment by Mr. Crampton, her Britannic Majesty's minister, and of the 
affidavits which accompanied it, rehative to a vessel called the 
"Maury," which is stated to have been fitted oiit at New York, in 
violation of the laws of the United States, for the purpose of cruising 
against British vessels. 

I have the honor to he, very respectfully, your obedient servant, 

W. HUNTER, 



Eon. Caleb Cusiung, Attorney General. 



Assistant Secretary, 



No. 2. 



Washington, October 12, 1S55. 

{By telegraph.'} 

Mr. Crampton alleges that the vessel called ''Maury," in Dover- 
street dock, is armed for war against England. Please take informa- 
tion from Mr. Barclay, and prosecute if cause appears. 

Copies by letter to morrow. 

C. CUSHING, 

John McKeon, Attorney U. S., Neio York, 



No. 3. 



Attorney General's Office, 

OctoUr 12, 1855, 

Sir : I have the honor to inform you that, in consequence of the 
information communicated this day by Mr. Crampton, the minister of 
Great Britain, in regard to the vessel called the "Maury," instruc- 
tions have been despatched to the attorney of the United States in 
New York to advise immediately with Mr. Barclay, the British con- 
sul there, and to institute the proper legal proceedings in the case, if 
sufficient cause to justify the same shall appear. 
I am, very respectfully. 



Hon. Wm. L. Mahc¥, 

Secretary of State, 



No. 4- 



C. CUSHING. 



Southern District of New York, 
U. S. District Attorney's Office, Oct. 13, 1855, 9^ A. 3L 

Sir : Late last evening I received from the Attorney General of the' 
United States a telegraphic despatch, requesting me to obtain infor-- 



IN THE UNITED STATES. 229 

mation from you, in relation to a vessel in this port, supposed to be 
engaged in a violation of our neutrality laws. 

I called tliis morning at 9J o'clock at your office, with the marshal 
of this district, hut the office was not open. Will you do me the 
favor to call at once at my office, or send to me the information, so 
that I may act ? 

With great respect, I remain, your obedient servant, 

JOHN McKEON, 
U. S. District Attorney, 
ANTHOjsnr Barclay, Esq., 

Consul of her Britannic Majesty, 



No. 5. 

Southern District of New York, 
U. 8. District Attorney's Office, October 13, 1855. 

Sir: You will please send at once on board of a vessel called the 
*' Maury" an inspector, and examine into her cargo. 

She lies at Dover-street dock. You will please delay her clearance 
until a report is made to me of her cargo. 

Very respectfully, your obedient servant, 

JOHN McKEON, 



H. J. Eedfield, Esq., 

Collector, &c. 



U. S, District Attorney, 



No. 6. 



Attorney General's Office, 
October 13, 1855. 
Sir: Yesterday I telegraphed you concerning the ship " Maury," 
said to he fitting out in New York, in violation of the statutes of the 
United States. 

I now enclose to you a copy of a despatch from Mr. Crampton, the 
British minister, dated the 11th instant, to which I there referred. 
With this document before you, and the information which Mr. Bar- 
clay may impart, you will be able to understand what further it may 
be proper for you to do in the premises. 
I am, very respectfully^ 

0. CUSHINa. 
John McKeon, Esq., 

United States District Attorney. 



230 BRITISH RECRUITMENT 

No. 7. 

British Legatio]!^, 
Washington, October 11, 1855, 

Sir : I have tlie honor to call your attention to the enclosed deposi- 
tions, which have to-day heen forwarded to me by Mr. Barclay, her 
Majesty's consul at New York, in regard to a vessel called the " Mau- 
ry," which is now fitting out at that port, and which, it appears, is 
evidently intended for warlike purposes. 

Mr. Barclay further informs me that he has good reason to believe 
that this vessel is intended for the service of Russia in the present war, 
and also that a plan exists for fitting vessels of a similar description 
in other ports of the United States, with the express design of com- 
mitting hostilities against her Majesty's government, and more par- 
ticularly of intercepting and capturing the British mail steamers ply- 
ing between Liverpool and Boston. 

However this may be, the circumstances stated in the enclosed afii- 
davits are of so positive a nature, and bear so suspicious an appearance, 
that I feel it to be my duty to call the attention of the United States 
government to the matter, with a view to an inquiry into the facts ; 
and if these shall be confirmed, to the adoption of such measures on 
the part of the United States authorities as may defeat the hostile in- 
tentions which appear to be entertained by the persons engaged in 
fitting out the vessel or vessels in question. 

I avail myself of this opj)ortunity to renew to you, sir, the assurance 
of my high consideration. 

JOHN F. CRAMPTON. 

The Hon. Wm. L. Marcy. 



City, Coimty, and State of Neio Yorh : 

Anthony Barclay, her Britannic Majesty's consul for the State of 
New York, being duly sworn, doth depose and say : That from in- 
formation given to him, he verily believes, and expects to be able to 
prove, that a certain new vessel, now in the port of New York, called 
the " Maury," has been built, fitted out, and armed, with intent that 
such vessel should be employed by the Russian government to cruise 
and commit hostilities against the subjects and property of the Queen 
of Great Britain, with whom the United States are at peace, and this 
deponent stands ready to bring forward his proof thereof; and he 
respectfully claims that proceedings be had and taken, whereby the 
said vessel, with her tackle, apparel, and furniture, together with all 
material, and ammunition, and stores, which may have been procured 
for this building and equipment thereof, shall and may be forfeited. 

ANTHONY BARCLAY. 

Sworn to this 10th day of October, 1855, before me, 

GEORGE W. MORTON, 
United States Commissioner. 



IN THE UNITED STATES. 231 

City, County, and State of New York : 

Jolin N. Cornell, of New York city, police ofFiccr and dock-master 
of the eleventh ward, being duly sworn, maketh oath and saith : 
That his suspicions have been excited for several weeks past by the 
appearance of a new three-masted, square-rigged schooner, which was 
lying at the foot of Stanton street, New York, up to Monday evening, 
the 8th of October, when she moved down to Dover-street dock, and 
is there now ; that she has the name of the " Maury" upon her stern, 
but has never yet been out of port, and deponent has ascertained at 
the custom-house of the port of New York that she has not at present 
got her register ; that this deponent is well acquainted with the build 
of vessels, and he has no hesitation in deposing that this vessel, 
named the "Maury," is built, rigged, and equipi>ed for warlike pur- 
poses, and has not the construction of a vessel for the merchant ser- 
vice ; that his suspicions were particularly aroused from the nature of 
her cargo she has taken on board, which consists of war cannon, can- 
non balls, small arms, coals, sixty or eighty extra spars, and other 
mercantile articles ; that this deponent, within a few days last past, 
has been over the whole of the said vessel ; at the bottom of the said 
vessel, and just above what appears to be intended as ballast, are from 
two hundred to three hundred square boxes, containing cannon balls ; 
also, there are from eighteen to twenty cannon intermingled with 
the said boxes, apparently so that they may pack well ; on the top of 
the cannon is a large quantity of coal, while on top of the coal is a lot 
of lumber and the aforesaid extra spars ; in the lockers of the cabin is 
a very large quantity of guns, pistols, swords, and other implements 
of war ; and this deponent verily believes that she is so fitted out for 
warlike purposes ; her cannon are all mounted, and she has port-holes 
for cannon. And this deponent further says, that a person who as- 
sumes to act as first mate of the vessel showed her to deponent, and 
remarked she had a curious kind of cargo, and the manner of the mate 
was such as to make deponent believe that the vessel was going on a 
warlike voyage ; the said mate told deponent that some of the afore- 
said cannon were for eighteen and twenty pound ball, and that the 
cannon on the main deck were for nine pound ball caliber ; deponent 
saw the mark "23" upon one of the cannon, and the mate said that 
was the number of the cannon ; and this deponent further saith, that 
from all he knows and has been informed, and has observed, he be- 
lieves that the said vessel, the " Maury," has been built, and armed, 
and equipped as aforesaid, by the Paissian government, or its agents, 
to be used for war purposes against Great Britain ; and he hereby in- 
forms ao-ainst her and her equi])ment accordingly. 

JOHN N. COKNELL. 

Sworn at the city of New York^ second circuit, the 10th day of 
October, 1855, before me, 

GEORGE W. MOETON, 
United States Commissioner. 



232 BRITISH RECRUITMENT 

City, County, and State of Neio Ym^h: 

Charles Edivards, of the city of New York, counsellor at law, being 
sworn, maketh oath and saith, he verily believes the new vessel 
"31anry" has been built, equipped, and loaded by and for the Kussian 
government, ti > be used in the present war against the vessels and 
subjects of Great Britain. 

That a person, who deponent believes has been in the pay of Eussia, 
gave him a full explanation of the armament on board the said vessel, 
which tallies witli the statement contained in the affidavit of John 
N. Cornell, hereto annexed, except that the explanation to this depo- 
nent was much more minute. 

Also, this deponent gathered from the person referred to, that the 
said vessel, the "Maury," when outside of port, would ship a new 
crew of about eighty men, and she would be employed at first more 
particularly in attempting to overhaul some one or more of v/hat are 
known as the " Cunard steamers," (British vessels,) and take them 
as prizes, put additional coal on board, and guns, and then go in com- 
pany ; while there were also other vessels built and fitted out by the 
Eussian government similar to the " Maury," who were ready to join 
her on a similar errand, with an ultimate destination against British 
possessions in the eastern hemisphere. 

CHAKLES EDWAEDS. 

Sworn at the city of New York, second circuit, the 10th day of Oc- 
tober, 1855, before me, 

G. W. H. MAETIN. 



City, County J and State of Neio York : 

William D. Craft, of New York, first lieutenant of police, of the 
eleventh district of police for the city of New York, being duly sworn, 
doth depose and say : That on the 6th day of October, instant, he 
went on board a new vessel called the "Maury," then lying at the 
foot of Stanton street. New York, and was shown over her. On her 
upper deck were six cannon, all mounted, and port-holes for the guns, 
and between-decks were ten cannon, all mounted ; also, deponent 
saw a quantity of horse-pistols in the cabin ; there was coal on board, 
and deponent was informed that there were a number of guns under- 
neath the coal. Deponent also discovered boxes between-decks. The 
between-decks were all clear fore and aft, with the exception of pump- 
well and chain-box. She was painted white between-decks, with the 
exception of the lower side of the deck-beams, they being of yellow pine. 
And this deponent also saith, that he was a ship-carpenter by trade, 
and from his observation of the particular build, furniture, and appa- 
rel of the said " Maury," he believes she is a vessel of war. 

WM. D. CEAFT. 

Sworn at the city of New York, second circuit, the 10th day of 
October, 1855, before me. 

G. AV. H. MAETIN, M. Cir, 



IN THE UNITED STATES. 233 



No. 8. 

Southern District op New York, 
U. S. District Attorney's Office, October 16, 1855. 

Sir: I liave prepared a libel against tlie ship or vessel called the 
" Maury," upon the facts laid before the government by her Britannic 
Majesty's envoy at Washington. 

A verification of the pleading is required to be made by some party 
officially recognised as representing her Britannic Majesty's govern- 
ment at this port. 

I am, very respectfully, 

JOHN McKEON, 
United States District Attorney. 



Charles Edwards, Esq. 



No. 9. 



Custom-house, New York, 

Surveyor's Office, October 15, 1855. 

Sir : I enclose report of district officers who examined the barque 
" Maury," pursuant to instructions. This barque is new, and has not 
yet taken out her register ; said to be owned by Low & Brothers, 
whose vessels are all, I believe, engaged in the China trade. 

Very respectfully, your obedient servant, 
J. L. BENEDICT, 



H. J. Redfield, Esq., Collector. 



Deputy Surveyor, for Surveyor. 



No. 10. 



New York, October 15, 1855. 

Dear Sir : Pursuant to instructions, we have been on board the 
barque " Maury," and find her laden on her ground-tier with coal, 
and naval stores above the coal. 

She was taking on board, on Saturday last, the 13th, cases of goods, 
casks of hardware, scales and beams, pickles, preserves, and catsups. 

She has on her lower deck te7i, and on her upper deck four cannon, 
all mounted. 

The dock clerks say she is loading for Shanghae_, to go in the opium 
trade. 

Yours, respectfully. 



John Cochrane, Esq., 

Surveyor of the Port. 



JACOB BITTEL, 
A. W. SHADBOLT, 
Inspectors. 



234 ' BRITISH RECRUITMENT 



No. 11. 

Southern District of New York, 
U. 8. District Attorney s 0§ice, October 17, 1855. 
Sm : I have the honor to report that, acting on the communication 
from yoiT, and after consultation with Mr. Barclay and his legal ad- 
viser, 1 have this day filed a libel on the admiralty side of the United 
States district court against the vessel assuming to be called the 
"Maury," under the 3d section of the neutrality act of the 20th of 
April, 1818. 

With high respect, your obedient servant, 

JOHN McKEON, 
United States District Attorney. 
Hon. Caleb Gushing, 

Attorney General of United States. 



No. 12. 



Southern District of New York, 
U. S. District Attorney's Office, October 17, 1855. 
Sir : I take the liberty to request that you will liave the cargo of 
the "Maury" carefully examined, and communicate to me the result. 
It is proper fo4- me to state, that it is supposed that you will find 
munitions of war stowed under the lading of coal on board. 
Very respectfully, 

JOHN McKEON, 

U. S. District Attorney. 

A. T. HiLLTER, Esq., 

U. S. 3Iarshcd, Southern District New York. 



No. 13. 

Southern District of New York, 
U. S. Marshal's Office, N. Y., October 19, 1855. 
Sir : In reply to your ccrmmunication of the 17th instant, _ request- 
ing me to have the cargo of the "Maury" carefully examined and 
report to you the result, I beg leave to inform you that I have ascer- 
tained there are 250 tons of coal in the run of said vessel ; 10 iron 
cannon between decks, mounted on wooden carriages ; 4 ditto on deck ; 
a number of boxes containing muskets, not opened ; a number of small 
and side-arms in the cabin; a lot of shot, and an assorted cargo, lum- 
ber, &c. Should it be deemed necessary to have the cargo thoroughly 
overhauled and the coal taken out, the expense attending such labor 



IN THE UNITED STATES. 235 

would not be less than $150 or $200. Awaiting your further instruc- 
tions in tlie case, 

I remain your obedient servant, 

AB. T. HILLYER, 

United States IlarsJial. 
John McKeon, Esq., 

United States Attorney. 



No. 14. 



New York, Octoher 18, 1855. 

{Sir : The barque "Maury," owned in part by the undersigned, 
having been seized by a process from your office, we beg to offer the 
following explanations, viz : 

That the said vessel was built by Messrs. Roosevelt, Joice, & Co., of 
this city, under a contract made in the month of April last, after the 
model of the barque Penguin ; that she was designed for the China 
trade ; that there is nothing peculiar in her construction, aj^art from 
the rig, which was adopted with particular reference to economy in 
men ; that, in pursuance of the original intention, she was advertised 
some three weeks since for Shanghae, since which she has been receiv- 
ing freight for that port ; that she has on board, from Messrs. Fogg & 
Brothers, 200 tons of coal, a quantity of naval stores, and a variety of 
ship-chandlery, for their house in China, with a little other general 
freight, with which she is expected to sail the coming week, under the 
command of Captain Fletcher, for the jjort above named. 

We further declare, that in addition to the ordinary armament of a 
vessel of her class, she has but two deck guns, supposed to be neces- 
sary in consequence of the great increase in the number of pirates on 
the coast of China; that the other guns, shot, &c., on board, as per 
subjoined list, were purchased under an order from an American gen- 
tleman at Canton, and shipped per "Maury" on freight; that said 
vessel has four spare spars, one fore-topgallant mast, one fore-top- 
gallant yard, one main boom, one main gaff-boom, and five extra stud- 
ding-sail booms; and that her crew will consist of but twelve or 
fourteen men before the mast. 

They furthermore declare that the vessel received the name of 
"Maury" in the month of May last, not to dishonor a man of whom 
our country has so much reason to be proud, but to bear upon an 
honorable mission the name of him who has done so much to improve 
navigation. 

The undersigned pledge themselves to prove to the satisfaction of 
the British consul, while the vessel is still under the charge of the 
United States marshal, that the allegations made against the vessel 
are false ; that she has no guns or materials of war under her coal, 
asking only that the expense to which they may be thus sub- 
jected shall be borne by the said consul when, and only when, the 



23G BRITISH RECRUITMENT 

fitatements upon which the vessel has been so uujustly seized are fully 
disproved. 

Finally, they declare that the Kussians have no connexion what- 
ever with the enterprise in (question. 

A. A. LOW, 
Of the Firm of A. A. Low & Brothers. 
Hon, John McKeon, 

U. S. District Attorney. 

On freight 10 guns, 62 boxes of shot. 

Sworn to before me, this 18th day of October, 1855. 

GEORGE F. BETTS, 
U. S. Commissioner. 

I hereby swear that I am cognisant of the facts mentioned in the 
foregoing statement, and that they are true. 

NATH. B. PALMER. 

Sworn to before me, this 18th day of October, 1855. 

GEORGE F. BETTS, 
U. S. Commissioner. 



No. 15. 

In the matter of the '' Maury," 

New York, Octoher 19, 1855. 
Dear Sir : From the explanations made in the case by Messrs. A. 
A. Low & Brothers, under oath, and your own very proper sugges- 
tions, I deem it reasonable that you should be left entirely free ; con- 
fessing that, although statements to me were very strong, it would be 
but fair towards the owners to " lift" the libel. 
I remain, dear sir, yours always, very respectfully, 

CHARLES EDAVARDS. 
John McKeon, Esq., 

Z7. S. District Attorney. 



No. 16. 



' ' Southern District of New York, 

U. S. District Attorney's Office, Octoher 19, 1855. 

Sir: Since filing the libel against the barque " Maury," reported 
to you on the 17th instant, I have been attended by one of the firm 
of A. A. Low & Brothers^ the owners of the "Maury," who fur- 
nished me an original statement, which I enclose. 



IN THE UNITED STATES. 237 

Charles Edwards, esq, was present when the explanations were 
made, and has addressed to me a letter, of which I transmit a copy. 
Upon a full view of all the circumstances, I deemed it ri<^ht to order 
a discharge of the vessel, and to ask your concurrence in dismissing 
the libel. 

I have the honor to remain, sir, your obedient servant, 

JOHN McKEON, 



Hon. Caleb Gushing, 

Attorney General U. 8. 



U. S. District Attorney. 



No. 17. 



Attorney General's Office, 

Octoher 19, 1855. 

Sir : I have the honor to enclose herewith a copy of a letter this day 
received from Mr. McKeon, attorney of the United >State8 for south- 
ern New York, reporting the institution of process against the vessel 
called " Maury/' as to which complaint has been made by the British 
minister, alleging that said vessel is armed, in violation of law, to 
cruise against a friendly power. 

I am, very respectfully, 

C. CUSHING. 
Hon. William L. Marcy, 

Secretary of State, 



No. 18. 



Attorney General's Opeice, 

Octoher 22, 1855. 

Sir : I have received your letter of the 19th instant, communicating 
the result of inquiry regarding the barque " Maury." 

The allegation against that vessel was improbable on its face ; but, 
determined as the President is not to suffer any one of the belligerent 
powers to trespass on the neutral rights of the United States, it was 
deemed proper to investigate the case, out of respect for the British 
minister, through whom the British consul at New York preferred 
complaint in the premises. 

It is made manifest, by the documents which you transmit, that the 
suspicions of the British consul as to the character and destination of 
the "Maury" were v/holly erroneous ; and justice to her owners and 
freighters requires that the libel against her be dismissed. 
I have the honor to be, very respectfully, 

C. GUSHING, 

Hon. John McKeon, 

Attorney of United States, Nevj York. 



238 BRITISH RECRUITMENT 



No. 19. 

Attorney General's Office, 

October 22, 1855. 

Sir: I have the honor to communicate to you the history and result 
of the proceedings in the case of the barque " Maury," of New York. 

In consequence of the British minister's Communication to you of 
the 11th instant, and which you referred to me on the day of its re- 
ceipt, (the 12th,) brief instructions were on the same day despatched 
by teh^graph to Mr. McKeon, attorney of the United States for the 
southern district of New York, and more detailed instructions by mail 
the next day, requesting him to make immediate inquiry on the sub- 
ject of the '" Maury," to consult thereon with Mr. Barclay, the Brit- 
ish consul at New York, and, if sufficient probable cause appeared, 
to institute the proper process against her in the district court. 

These instructions were induced by the documents communicated by 
the British minister, copies of which were transmitted by me to Mr. 
McKcon. 

The documents consisted of — 

1. An affidavit by Mr. Barclay, setting forth that he believed, and 
expected to be able to prove, that the "Maury" was built, fitted out, 
and armed, with intent to be employed by the Kussian government to 
cruise against the subjects of Great Britain, and that he stood ready 
to bring forward his proof thereof 

2. An affidavit of one Cornell, purporting to be a police officer in 
New York, who professes to describe the build, equipment, armament, 
and cargo of the "Maury," and concludes with expression of belief 
that she was built, armed, and equipped by the Eussian government 
for war purposes against Great Britain. 

3. An affidavit of one Craft, also purporting to be a police officer 
in New. York, who speaks more guardedly, briefly describes the visi- 
ble armament of the "Maury," repeats hearsay as to her freight, 
and expresses belief that she is a vessel of war. 

4. Finally, the affidavit of Mr. Edwards, a counsellor-at-law in New- 
York, understood to be counsel for the British consul, who says 
that he verily believes that the "Maury" was built, equipped, and 
loaded by and for the Kussian government, to be used in the present 
war against the vessels and subjects of Great Britain. 

Mr ."Edwards then proceeds to state that a person, who he believes 
has been in the pay of the Russian government, gave him a full ex- 
planation of the armament and destination of the "Maury." He 
(Mr. Edwards) "gathered from the person referred to," that the plan 
of the " Maury" was to attack and capture one of the Cuuard British 
mail steamers, arm the prize, and, after being joined by other vessels 
of the same construction, built and fitted out by the Russian govern- 
ment, to proceed to attack the " British possessions" in the East In- 
dies. 

The representations concerning the " Maury," which Mr. Edwards 
thus adopted, were so grossly improbable on their face, and had so 
much the air of a contrivance to impose on him, and, through him. 



IN THE UNITED STATES. 239 

tlie Britisli consul, as to produce some hesitation in my mind as to 
the propriety of instituting process in the case ; but the specific and 
positive statements of Cornell and Craft, especially the former, as to 
the build, rig, armament, and imputed contents of the vessel, seemed 
to me, on the whole, to justify and rcfiuire an examination of the 
case, at the hazard of possible inconvenience to innocent parties. 

To make such examination effectual, it was necessary to libel the 
" Maury," and place her in charge of the marshal. 

I have now received from Mr. McKeon a report of the result of the 
investigation. 

It appears that the " Maury" was owned in part by Messrs. A. A. 
Low & Brothers, who have afforded satisfactory information as to her 
construction, character, and destination. 

They make affidavit that she was built and equipped for trade with 
China, having, in addition to the ordinary armament of vessels in 
that business, only two deck-guns, deemed requisite on account of the 
increase of piracy in the seas of China. 

It further appears, by these explanations, that the statements made 
as to the guns and munitions of w\ar and extra spars on board the 
"Maury" were inaccurate, to use the mildest admissible expression; 
that the surmises as to the illegality of her character are not sub- 
stantiated by proof ; and that she is, in fact, advertised for general 
affreightment, and receiving cargo destined for Shanghae. 

Neither Mr. Barclay nor Mr. Edwards brought forward any evi- 
dence to contradict these facts ; on the contrary, Mr. Edwards has, in 
a letter addressed to Mr, McKeon, expressed his conviction of the 
propriety of dismissing the libel ; which is also recommended unre- 
servedly by Mr. McKeon. 

Under these circumstances, it affords me pleasure to enable you 
to give assurance that the Cunard mail-steamers may continue to 
enter and to leave our ports, without apprehension of being captured by 
the " Maury," and converted into Russian men-of-war for the prosecu- 
tion of hostilities in the East Indies. 

I annex copies of Mr. McKeon's report; of the affidavits submitted 
by parties interested in the " Maury," or in her lading ; and of the 
letter of Mr. Edwards to Mr. McKeon. 
I am, very respectfullv, 

c. cusnma. 

Hon. Wm. L. Ma.rcy, 

Secretary of State. 



Ko, 20. 

Southern District oS* New York, 
V. S. District Attorney' s Office, New York, November 20, 1855, 
Sir : I have the honor to enclose a copy of a letter received from 
Hon. M. H. Grinnell. 

I am not aware of any objection on our part, but still I desire to 



240 BRITISH RECRUITMENT 

have your assent to the application before I deliver the papers referred 
to in Mr. Grin n ell's letter. 

Very respectfully, 

JOHN McKEON, 
United States District Attorney. 
Hon. Caleb Gushing, 

Attorney General, die. 



No. 21. 



To John A. Stevens, Esq., Chairman of Committee of Chamber of 

Commerce. 

The barque "Maury" was launched about the last of September ; 
and, at an early day thereafter, the undersigned agreed, with Fogg 
Brothers, of this city, to take for them to the port of Shanghae, in 
China, two hundred tons of coal, one thousand barrels of merchandise, 
and seventy to eighty tons of measurement goods.. 

The coals not being at once available, ten mounted guns and their 
equipments, intended to have been sent by the " N. B. Palmer," but 
not ready in season for her, were sent to the vessel to be placed in her 
bottom, and to serve as ballast till the coal could be had. When this 
was jut on board, the guns were raised between decks, and shortly 
afterwards the vessel was moved to her berth at pier 21 East river. 

Having been publicly advertised by the undersigned for the port of 
Shanghae, in five daily papers, the "Maury" was receiving freight 
at the place above named on the seventeenth day of October, at 2 to 3 
o'clock p. m., when the United States deputy marshal appeared on 
board, displaced the captain, and ordered the hatches of the vessel to 
be closed. 

Captain Fletcher immediately made known to us vvhat^ had taken 
place, and the writer repaired to the office of the United States district 
attorney to obtain an explanation. He was in court, and appointed 
the' following morning for an interview. At 9 a. m. of Thursday, 
the 18th, the writer called at his office with his partner, Mr. Lyman, 
and Mr. Fogg, of the firm above referred to, and finding that the 
vessel had been seized by reason of information lodged against her by 
the British conh.ul, as set forth in the accompanying deposition, the 
following statement was drawn up and sworn to. [See No. 14.] 

This, the district attorney said, he would forward to Washington. 
In the meantime, he was willing to release the vessel on our giving 
bail, which v/e thought it best not to do. 

From the district attorney the writer went to Mr. Barclay, mad€ 
the explanations which had been given to the former, showed the 
arder under which the guns had been purchased, and requested a 
withdrawal of his complaint against the barque. Mr. Barclay was 
not willing to act without first seeing Mr. Edwards, his counsel, and a 
party to the complaint. AVhen called upon a second time, the state- 



IN THE UNITED STATES. 241 

ment made to the district attorney was read to him, but he was still 
unwilling to act without Mr. Edwards. 

On the following day, about forty-eight hours after the vessel was 
seized, Mr. Edwards called at the district attorney's office, withdrew 
the complaint, and the libel was lifted without any charge to the own- 
ers of the "Maury." 

It is due to the district attorney to state, that in the meantime the 
vessel was allowed to receive cargo under the surveillance of two of 
the marshal's men. 

On Monday, the 22d, Mr. Barclay called at the office of the sub- 
scribers, and expressed his regret that he had occasioned us so much 
trouble ; and was told tiiat the least he could do Avas publicly to ac- 
knowledge the error into which he had been betrayed, and to say that 
the vessel had been seized in ignorance of her ownership. 

A paragraph from the Boston Daily Advertiser was shown to Mr. 
Barclay, as an evidence of the exaggerated character the report of the 
vessel's seizure was assuming in other places. On AVednesday, the 
24th, the following appeared in the New York Herald: 

" Misrepresentations on the above subject having been published in 
various newspapers — among others, that munitions of war were found 
on board, ' secreted under a quantity of cotton ' — I desire to disabuse 
the mind of the public of that impression, by stating that such was 
not the case. 

" Had my endeavors, made before information was formally lodged, 
to ascertain the owners of the ship Maury, succeeded, the explanations 
which that respectable firm, Messrs. A. A. Low & Brothers, gave 
after tlie libel was filed would have been sought by me, and no doubt 
would have been given before, and the course which was adopted would 
not have been resorted to. 

" A. BARCLAY, H. B. M.'s Consul. 

" New York, October 23, 1855." 

The undersigned beg to say, tliat it had been publicly announced 
in New York papers, again and again, that the vessel was building for 
them ; she was publicly advertised in their name ; insurance had been 
done upon her to a large amount in Wall street ; the deponents Cor- 
nell and Craft are well known to the builders, are accustomed to be in 
their yard almost daily, and it is impossible to resist the conviction 
that to them at least it was known for whom she was preparing for sea. 

They respectfully ask, then, if the evidence upon which the com- 
plaint is founded should be weighed against the character and standing 
of respectable and responsible men ; if it was of a nature to warrant 
so extreme a measure, without the most rigid inquiry in a proper direc- 
tion ; and, when shown to be utterly worthless, whether the apology 
of Mr. Barclay was of that prompt and ample character which one 
honorable man should delight to make to another whose reputation 
he has, unwittingly, unjustly called in question ? 

A. A. LOW & BROTHERS, 

By A. A. Low, 
Ex. Doc. 35— — 16 



'242 BRITISH RECRUITMENT 



No. 22. 

City and County of New York, ss. 

Jolm N. Cornell, policeman of tlie eleventh district of this city, 
acting as dockmastcr, heing duly sworn, doth depose and say: That 
in September last he was applied to, hy the person acting as mate of 
the tliree-masted schooner or ship " Maury," then launched about one 
week from the shipyard of Eoosevelt, Joice, & Co., to give said vessel 
a berth at the foot of Stanton street. East river. That this deponent 
gave said vessel a berth, and was in the habit of seeing her every day 
whilst she lay at that berth. This deponent further says, his particu- 
lar attention was called to said vessel by some cartmen telling him 
that they had seen cannon going on board, and asked this deponent 
if he knew what it meant. This deponent was then invited by the 
mate to go on board, which he did, and was sliown by the said mate 
several cannon in the hold, and some small-arms in the cabin, and 
said mate at the same time remarked to meciianics working on board 
that he supposed there was a vessel of war waiting outside for us, and 
here was an officer on board (alluding to this deponent) ready to take 
possession of the vessel. And this deponent further says, that in re- 
ply to an inquiry made of the said mate, he said he had shipped on 
board the " Maury " to go to the China seas, but that he had a damned 
queer cargo to go there. 

And this deponent, from these circumstances, and from wliat he had 
seen, had his suspicions excited that all was not right, and so stated 
in general conversation in his family, and in the presence of his son, 
John T. Cornell, a law student or clerk in the law office of Charles 
Edwards, esq., attorney at law, 35 Pine street, this city. A few days 
after this conversation in the family of this deponent, his son told this 
deponent th^at his employer, Mr. Edwards, would like to see him; and 
one or two days tliereafter he re])aired to the office of said Edwards, 
and in reply to his inquiries, and at his request, narrated the above 
circumstances ; the said Edwards at the same time telling this de- 
ponent that some person, a stranger to him, had made to him similar 
statements. And tliis deponent further says, that said Edwards stated 
that the person who had been his informant told him that it Avas de- 
signed to fit out the " Maury " as a Russian privateer, for the purpose 
of capturing one of the Cunard English steamers, and asked this 
deponent to make an affidavit of what he had seen and heard of this 
vessel, and all other particulars relating to her or her equipment ; but 
that this deponent should first get some person who was better ac- 
quainted with vessels, also to go on board and see Avhat he could, 
as combative, particularly whether the vessel looked like a vessel of 
war. 

And this deponent further says, that said Edwards told him that 
if he, this deponent, could be the means of detecting this move- 
ment, and it should turn out that the vessel was being fitted out for 
such a purpose, this deponent would receive a large reward. This 
deponent then returned to the station-house, and informed Lieutenant 
Craft of the circumstances, knowing that said Craft had been a ship- 



IN THE UNITED STATES. 243 

carpenter hy profession, and was a judge of vessels. Said Craft con- 
sented to go on board and look at the '^ 'Maury," and did go on board 
and make examinations. And tins deponent further says, that he 
and said Craft, a few days afterwards, went down to the office of said 
Charles Edwards, at Avhose request both this deponent and Craft went 
to the office of the United States district attorney, to make oath to the 
affidavits in the premises, which had been previously drawn up by said 
Edwards in his own office. And this deponent further says, that at 
the office of the district attorney he was presented to John McKeon, 
esq., to whom he stated the whole matter, and who, after reading 
this deponent's affidavit, stated that it was very suspicious, and that 
he thought there was enough to seize the vessel, and informed this 
deponent that, if there could be sufficient evidence obtained to seize the 
vessel, this deponent "would make a good thing of it." 

And this deponent further says, that about one or two weeks after 
this, his son, John T., informed him that the owners, Messrs. Low, 
had explained everything satisfactorily to Mr. Edwards, and that the 
"Maury" had been allowed to sail. 

JOHN N. CORNELL. 

Sworn before me, this 23d November, 1855. 

FERNANDO WOOD, Mayor. 



JVilUam D. Craft, lieutenant of the 11th district police, being duly 
sworn, deposes and says : That he is the person alluded to in the depo- 
sition above made by John N. Cornell, and that the said deposition is 
true, of his own knowledge, so far as it refers to this deponent going 
on board of the "Maury" at his request, and making an affidavit at 
the office of Mr. Charles Edwards, at the request of said Edwards. 
And this deponent further says, that his suspicions were somewhat 
excited as to the character of the "Maury," from her model, her rig, 
the armament on board, and the general rumor as to Russian pri- 
vateers. 

WM. D. CRAFT. 

Sworn to this 23d November, 1855, before me. 

FERNANDO WOOD, Mayor. 



84th Coxgress, } SENATE. C Ex. Doc. 

1st Session. 5 i No. 35. 



MESSAGE 



PRESIDENT OF THE UNITED STATES, 



IN' COMPI.IATfCE •WITH 



A resolution of the Senate of the 2Sth instant, calling for information 
relative to any proposition submitted to the United States government 
hy that of Great Britairi, to refer the difference between the two gov- 
ernments of the construction of the treaty of July 4, 1850, to arbi- 
tration. 



February 29, 1856. — Read and ordered to be printed, and that 10,000 additional copies be 
printed, 1,000 of which shall be for the use of the State Department. 



To the Senate of the United States: 

I transmit a report from the Secretary of State, with, accompanying 
papers, in answer to the resolution of the Senate of yesterday. 

FRANKLIN PIERCE. 

Washington, February 29, 185G. 



To the President of the United States: 

The Secretary of State, to whom was referred the resolution of the 
Senate of yesterday, requestins; the President, if in his opinion it he 
not incompatible with the public interest, to inform that body ''whe- 
ther any offer has been made by the government of Gh'eat Britain to the 
government of the United States to refer to the arbitrament of some 
friendly power, or otherwise, the questions in difference between the 
two governments, upon the construction of the convention of 4th July, 
[19th April,] 1850, with any correspondence touching or concerning 
such proposed arbitration," has the honor to lay before the President 
the papers mentioned in the subjoined list, which contain all the in- 
formation in this department called for by the resolution. 

All which is respectfully submitted. 

W. L. MARCY. 

Department of State, 

Washington^ February 29, 185 G. 



246 CONSTRUCTION OF TREATY : 

List of i^apcrs accompanying the report of the Secretary of State to 
the Fresident, of the 2[)th of February 185G. 

Mr. Buchanan to Mr. Marcy, (extract,) November 21, 1854. 

The same to the same, (extracts,) November 2, 1855. 

The same to the same, (extract,) November 9, 1855. 

The same to the same, (extracts,) Februarys, 1856. 

The same to the same, (extract,) February 8, 1856. 

Mr. Crampton to Mr. Marcy, February 27, 1856. 

Lord Clarendon to Mr. Crampton, November 10, 1855. 



3F\ Buchanan to Mr. Marcy. 

[Extract.] 

[No. 49.] ■ ■ Legation of the United States, 

London, November 21, 1854. 
gj-p. * * * * =K * * * 

In the course of the conversation, he intimated that it might be de- 
sirable to have the opinion of a third power on the true construction 
of the convention. To this I playfully observed that it would now be 
difficult to find an impartial umpire, as they had gone to war with 
our arbitrator, the Emperor of Kussia. This was, however, but a 
mere intimation on his part. I then urged upon him, as stronglyas 
I could, the reasons which I thought ought to induce the British 
government to relinquish the Bay islands to Honduras. He replied, 
that these islands were not of the least value to Great Britain, and 
the only question with them was whether the national honor did not 
forbid this course. 



Yours, very respectfully, 

Hon. William L. Marcy, 

Secretary of State. 



JAMES BUCHANAN. 



Mr. Buchanan to Mr. Marcy. 
.' «, [Extracts] 

[No. 99.] Legation of the United States, 

London, November 2, 1855. 

According to the appointment mentioned in my last despatch, I 
■ met Lord Clarendon yesterday afternoon at the Foreign Office. 



REFERENCE TO ARBITRATION, 247 

In the course of tlie conversation I observed to him, that the most 
serious difliculty between the governments might arise out of the 
Central American questions. He said that when two governments 
disagreed about the construction of a treaty, the best and most natu- 
ral mode was to refer the question to a third power. At an early 
period of the negotiation he had made this suggestion ; but I had 
jocularly replied that the Emperor of Kussia was the only power suffi- 
ciently independent to act as an impartial umpire in the case, and 
they had gone to war with him. * * * * * 

Yours, verv respectfullv, 

JAMES BUCHANAN. 
Hon. William L. Marcy, 

Secretary of State. 



Mr. Buchanan to Mr. 31arcy. 

[Extract.] 

[No. 101.] Legation of the United States, 

London, November 9, 1855. 

Sir : I had an interview with Lord Clarendon on yesterday by ap- 
pointment. * '^ '■' "'■'■ * * * -'^ * 

He then said. About these Central American questions, the best 
mode of settling tliem is by arbitration. I replied there was nothing 
to arbitrate. He said the true construction of the treaty Avas a proper 
subject for arbitration. I told him I did not consider it a question for 
construction at all ; the language was plain and explicit, and I 
thought this would be the almost unanimous opinion of tlie American 
people ; but, in writing to you, I should mention what he had now 
said, as I had done what he had said at our former interview. * * 
Yours, very respec'tfully 



Hon. William L. Marcy, 

Secretary of State. 



JAMES BUCHANAN. 



Mr. Buchanan to Mr. Marcy. 
[Extracts.] 

[No. 119.] Legation op the United States, 

London, February 5, 1856. 

Ere this can reach Washington, you will have read the speeches of 
Lord Derby and Lord Clarendon in the House of Lords on Thursday 
evening last, which will speak for themselves. 



248 CONSTRUCTION OF TREATY: 

Lord Clarendon says, in relation to tlie Central American questions: 
^^ In such a case correspondence is useless, and I lost no time in of- 
fering to refer the whole question to the arbitration of any third 
power, both sides agreeing to be bound by the decision. That offer 
has not yet been accepted ; it has been renewed, and I hope that, upon 
further consideration, the government of the United States will agree 

to it." 

****** ** 

It is, therefore, proper for me to state, as a matter of fact, that I 
have reported to you, in the most faithful manner, every conversation 
which has passed between Lord Clarendon and myself on the subject 
of a reference of these questions to a friendly power. As I have never 
learned that the British government has made any such offer to the 
government of the United States through Mr. Crampton, I infer 
that his lordship must have referred to the general conversations be- 
tween him and myself, which would by no means justify the broad 
terms of his statement. Thus much merely to vindicate the truth of 

history. 

******** 

Yours, very respectfully, 

JAMES BUCHANAN. 
Hon. William L. Marcy, 

Secretary of State. 



Mr. Buchanan to Mr. 3Iarcy. 

[Extract.] 

[No. 120.] Legation of the United States, 

London, February 8, 1856. 

Sir: On Wednesday last, the 6th instant, I had an interview with 
Lord Clarendon at the Foreign Office. I told him I desired to ascer- 
tain whether the statement he had made in the House of Lords on 
the evening of Thursday, the 31st ultimo, that the British govern- 
ment had made to the American government an offer, which has 
been recently renewed, to arbitrate the Central American questions, 
was founded on what had passed between him and myself in con- 
versation ; or whether he had instructed Mr. Crampton to make to 
you, in writing, a formal proposal for arbitration. He replied, that 
his statement was founded on our different conversations ; and that, 
in these, he had several times proposed to me a reference of these 
questions to arbitration ; and he expressed the hope that I had com- 
municated his propositions to my government. I informed him that 
I had faithfully reported to you all the conversations we had held 
in reference to an arbitration ; but I had not believed that what 
he had said on these occasions amounted to such an offer as 
could be recognised by our government as a foundation for 
gpecific action on so grave a matter. I added, that I did not doubt 



REFERENCE TO ARBITRATION. 249 

you were of the same opinion, as I had never received a line from, 
you on the subject. He observed, that before hokling these con- 
versations with me, he had consulted the cabinet^ and spoke their 
sentiments as well as his own. I remarked that this fact had now, 
for the first time, been communicated to me. If he had informed 
me of it at the time, this would have given his conversation a more 
serious character, and caused it to make a deeper impression on my 
mind. He said he had thought that, as a matter of course, I would 
consider what he had said to me had been said after consultation 
with the cabinet. In reply, I observed that I had thought, when 
one nation desired to propose to another the submission of an inter- 
national dispute to arbitration, this would be done by writing, and 
in due form. Such had been their own course when they proposed 
to arbitrate the Oregon question. Besides, the President might, 
if he thought proper, consult the Senate on the question; and what 
would be thought by that body, if such a proposition were pre- 
sented to them in the loose form of various conversations between 
him and myself, which, after all, I might, through mistake or inad- 
vertence, not have reported correctly? He said that what he had 
done he considered the preliminary step; and if our government had 
indicated any satisfaction with it, they would have been prepared to 
proceed further ; but from what I had said to him, he did not think 
they had received much encouragement. I told him that whenever 
I had spoken to him upon the subject, I had always been careful 
to assure him that I was expressing my own individual sentiments, 
without any instructions or information from my government ; and 
that these remained unchanged. I also observed that his last letter 
to me, finally denying our construction of the treaty, and forming an 
issue between the two governments, might appropriately have con- 
tained a proposition for arbitration ; and in this manner the ques- 
tion might have been brought in regular form before our government. 
He then, for the first time, imformed me that he had addressed a des- 
patch to Mr. Crampton on the subject, with instructions to him to 
read it to you. He then sent for it, and read it to me. I believe it 
is dated in November ; but a copy being doubtless in your posses- 
sion, it will speak for itself ; and he informed me that all you had said 
about it to Mr. Crampton was, that the matter was in Mr. Buchanan's 
hands. 

He proceeded to express a decided opinion in favor of arbitration, 
and said that when two friendly governments disagreed upon the 
construction of a treaty, the natural and appropriate course was to 
refer the question to a third friendly power. He had ever firmly 
believed their construction of the treaty to be correct. He then re- 
quested me to communicate to you their proposal for an arbitration, 
and how anxious they were that the question miglit be settled in this 
manner. I told him I should cheerfully comply with his request, but 
repeated that my own individual opinions remained unchanged. I con- 
sidered the language of the treaty too clear for serious doubt; and such 
I believed was the opinion of public men of all parties in the United 
States. This liad been evinced by the recent debate in the Senate on 
the President's message. Besides, the difficulty of selecting a suitable 

« Ex. Doc. 35 17 



250 CONSTRUCTION OF TREATY: 

sovereign as an arbitrator seemed insurmountable. But I said this 
was a c[uestion for my government, and not for myself. 



5i« * 5K * 

Tours, very respectfully, 

Hon. William L. Marcy, 

Secretary of State. 



JAMES BUCHANAN. 



Mr. Crampton to Mr. Marcy. 

[Received at the Department of State on the 27th of February, at 11 o'clock p. m.] 

Washington, February 27, 1856. 

My Dear Sir : Observing tbat some misapprehension seems to exist 
as to the offer made by Lord Clarendon to Mr. Buchanan, to submit 
the points regarding the interpretation of the Clayton-Buhver treaty, 
upon which the two governments disagree, to arbitration, I think it 
well to send you the enclosed despatch, which I received from Lord 
Clarendon on the subject in December last. I regret not having 
made you this communication before ; but the truth is, that the last 
paragraph of the despatch escaped my attention until I referred to it 
lately ; and as I was aware that the negotiation of the question re- 
garding Central America was in Mr. Buchanan's and Lord Claren- 
don's hands, I considered the despatch as meant merely for my own 
information as to what was going forward upon a subject in regard to 
which I inferred you were already informed. 

Believe me yours, very faithfully. 

JOHN F. CRAMPTON. 

P. S. — I send the original despatch, which I will beg of you to return 
to me, but I have no objection to vour taking a copy of it 

J. F. C, 



Lord Clarendon to Mr. Crampto'/i. 

[No. 258.] Foreign Office, NoveniberlQ, 1855. 

Sir : Mr. Buchanan having, in the course of conversation a few 
days ago, adverted to the impression that would be created in the Uni- 
ted States by the non-settlement of the Central American question, I 
again assured him that England liad no wish to extend her influence, 
or to obtain any territory in that part of the world ; and I reminded 
him that^ as the difference between this country and the United States 
turned solely upon the interpretation of the treaty of 1850, I had of- 
fered, on the part of her Majesty's government, to submit the case to 
the arbitration of a third power, but that he had declined the offer. 



[AugJTA 



REFERENCE TO ARBITRATION. 251 

Her Majesty's government, I said, would still abide by that offer, and 
thought it would be the fairest and most amicable manner of arriving 
at a settlement of the question. 

Mr. Buchanan said he would make it known to his government, 
and you are instructed to communicate this despatch to Mr. Marcy. 

I am, with great truth and regard, sir, your most obedient, humble 
servant, 

CLAEENDON. 

J. F. Crampton, Esq., c&c, dc, &c. 



LIBRARY OF CONGRESS 





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